Earlier this year I attended a homeowner [HOA] board of directors meeting on behalf of a golfing partner. He was appealing their denial of permitting him to install a 30 feet flagpole in front of his home to fly the American flag. Referring to their CC&R’s he was denied a variance as the flag pole would be in someone else’s “view corridor.”
New data. On my way home from church I looked across the street at my neighbor’s house where his palm trees have grown so high that they block our lake view. Perhaps I need to read my CC&R’s to see if property owners must cut down their palm trees when they reach a certain height and width.
Having just read that Native American Medal of Honor recipient Van T. Barfoot received the same rejection from his HOA in Virginia I felt compelled to share his story with Juice readers and the Internet.
This post was triggered by this report.
“90 year-old Colonel Van Barfoot now has until Friday, December 11, to reach a compromise with his homeowner’s association over the flagpole from his yard. This according to an attorney representing the Sussex Square neighborhood association.
Since this saga began, it’s been played out on the radio from Washington D.C. to Boston, but many believe what is happening to this true American hero is tarnishing the image of Richmond.
Barfoot lives in the Sussex Square community in western Henrico County. He moved there in July, and was ordered to remove the flagpole from his front lawn when he flew the flag on Labor Day, and again on Veterans Day.
The homeowner’s association doesn’t explicitly forbid flagpoles but they must be “aesthetically appropriate”. Short flags are allowed on porches, but Barfoot says that’s not the way he was raised to respect the flag.”
What a travesty. Over 400,000 American troops died in WWII as they fought to bring freedom to oppressed people in the Pacific and European theatres. As a result of their extraordinary combat engagements we issued 464 Medals of Honor of which 266 were posthumous.
Van T. Barfoot, one of the 198 surviving recipients, is the last native American. And for his service to our country his local HOA has given him until December 11th to move his flagpole. What has happened to honoring patriotism in this country?
While we hang our flag on the front of our Mission Viejo house, I urge every member of an HOA to demand their association amend the CC&R’s and make an exception as it relates to anyone wishing to install a flagpole in front of your home.
In the book Medal of Honor, which I purchased after we interviewed Medal of Honor recipient Walter Ehlers, it opens with the following remarks:
LATER IN HIS LIFE VAN BARFOOT WOULD BE HAILED as one of the most significant Native American heroes of World War II. His grandmother was a full fledged Choctaw, but his mother failed to enroll him with the government as a member of that tribe, so Barfoot grew up aware only that he had American Indian blood, not that he was an “official” Choctaw.”
The Minefield Warrior page describing his life closes saying that “Given the choice of returning to the United states for the ceremony or receiving the medal in the field, Barfoot chose the latter so that his men could be present. Lieutenant General Alexander Patch awarded him the medal of honor in Epinal, France, on September 28, 1944.”
We take so much for granted in this country today. Many Board Members of HOA’s were not even born when Van Barfoot
risked his life. In reading Medal of Honor it mentions one day in the life of Tech. Sgt. Barfoot.
“Early in the morning of May 23, his company was ordered to attack. As the lead squads approached the German minefields, they came under heavy fire. Because he knew the lanes through the minefields so well, Barfoot asked for permission to head a squad. Moving through the depression in the terrain and shallow ditches, he advanced to within a few yards of an enemy machine gun on the right flank and destroyed it with a grenade. Then, following the German trench line, he moved to the next gun emplacement, where he killed two soldiers with his submachine gun and wounded and captured three others. When he approached the Germans manning a third gun, they surrendered. In all he captured seventeen of the enemy.
Later in the day, after he had consolidated the newly captured position, Barfoot, seeing three German tanks advancing in a counteroffensive, grabbed a bazooka and destroyed the track of the leading tank, causing the two other tanks to change direction. As the crew of the disabled tank jumped out, Barfoot killed three of them, then continued into enemy territory and destroyed a German field piece with a demolition charge. He ended the day by helping two seriously wounded men from his squad walk nearly a mile to safety.”
For those who have never seen the citation we provide the following:
BARFOOT, VAN T.
Rank and organization: Second Lieutenant, U.S. Army, 157th Infantry, 45th Infantry Division. Place and date: Near Carano, Italy, 23 May 1944. Entered service at: Carthage, Miss. Birth: Edinburg, Miss. G.O. No.: 79, 4 October 1944. Citation: For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machine gun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machine gun emplacement, and with his tommy gun killed 2 and captured 3 soldiers. Members of another enemy machine gun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommy gun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot’s extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.
So I’m assuming you wouldn’t mind if your fantasy became a reality and people flew flags other than the American flag?
Be careful what you wish for.
Anon. There will always be a time when someone will abuse the concept. Who knows at times I worry if we might be asked to salute a UN One World Order flag.
Mr. Barfoot and your friend should have READ the terms of their Home Owners Association CC&R’s before they SIGNED them, because even war heroes have to abide by the rules. Besides, a 30 foot flagpole is innappropriate in a residential area, I know I wouldn’t be happy if my neighbor erected such a monstrosity.
Cut to Larry howling about my lack of respect for our military, veterans, the flag …yada yada yada.
This story is tragic; I have several veterans within my neighborhood only a few of which are fortunate enough to have an actual flagpole to fly the flag with. I believe that one should be able to fly the flag of our nation on a flagpole in honor of the service given by these brave men and women.
Civil Code §1353.5. Right to Display American Flag
(a) Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by an owner on or in the owner’s separate interest or within the owner’s exclusive use common area, as defined in Section 1351.
(b) For purposes of this section, “display of the flag of the United States” means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.
(c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorneys’ fees and costs.
Welcome back Stanley. I truly have missed you and your comments. Thank you for your contribution to this thread.
PS: We covered Vaclav Klaus, Czech Republic president, at the Reagan Library last month. Like yourself he appreciates freedom.
@ anonster: Public Law 109-243, passed by the Congress of the United States in 2006, states that homeowners associations can not prevent a homeowner from displaying the American flag in accordance with the flag code. Maybe this HOA should have READ the law before before they dragged this man into court over something he has more than earned a right to do.
Thank you Shayne.
Please look at the additonal info that I am about to add to the post. Larry G
#6 Shayne,
You might want to READ the post again, the HOA is NOT preventing these “war heroes” from displaying the American flag, but from erecting a 30 foot (3 story) flagpole. HOA’s are well within their rights to do so, who knows what size flagpole the next patriot will deem necessary to prove their “love of country”, 50 feet, a 100 feet (like Donald Trump), where would you draw the line?
Anonster. The HOA’s can surely come to a compromise so that the flagpole height is reasonable. Read my added comments on the post. Larry
Larry,
What you call “abusing the concept”, others might call “freedom of expression”.
I live in Virginia, so this is in my back yard.
Why does it matter that the man is a decorated war hero? Should rules be applied differently because he served the country admirably? Do we want HOA boards to consider the “value” of the petitioners when deciding if they worthy of having their requests granted?
I say no. There are cases where veterans should get special treatment. But not regarding what improvements they can make to their property. Veterans fought for our way of life, which includes each individual’s personal property rights.
HOA rules are meant to protect the property rights of all the people in the community against the bad acts of one owner. If the rule is wrong, it’s wrong whether the owner is a veteran or a draft-dodging hippie.
I fully expect he’ll be allowed to keep his flagpole. I think both sides could have handled this better — when his request was rejected, he should have appealed or asked how he could make it acceptable. The board should have given him guidelines, and figured out a way to support a reasonable presentation of the flag.
On the other hand, I disagree with the veteran’s belief that displaying the flag on a sloped pole attached to a house is disrespectful, or “flying the flag at half-mast”, which is the reason he gave for needing a flag pole.
There could well be military people serving on the board — a board of people who volunteered for a thankless but necessary task, who are trying to do right for ALL of the neighbors in their community. Agitate for the flagpole — but can’t we do that without demonizing the people who are trying to serve their community?
According to ushistory.org, in an article about correct ways to display the flag, these are the dimensions for flagpoles and flags one should use at their homes:
pole flag
15′ 3’x5′
20′ 3’x5′
25′ 4’x6′
A 30 foot pole doesn’t come into the equation until you start talking about public display.
Jenn.
While the height of the requested flag pole for the Mission Viejo patriot might have been less than 30 feet I thank you for providing that sizing information.
While we have a pole attachment for our home there is no way for us to display our flag at half mast after a tragic event. That was part of the concerns for the VA veteran.
I’m Col. Benjamin Martin and I support this veteran’s right to fly a flag on his property. In fact, I see no reason to limit his gesture of patriotism to a 30 foot flagpost. I submit that a 30 mile flagpost would be more appropriate.
As NASA confirms the presence of water on the moon and debates the possibility of life on Mars, I can think of no better message to send to alien life than a testament to Col. Van Barfoot’s patriotism. An added benefit to his flagpole would be the possibility of knocking enemy satellites out of orbit with Old Glory, and strategically positioning the flag to protect the continental U.S. from asteroids. Sorry, Alaska. If you’re close enough to Russia that Sarah Palin can see Soviet territory from her backyard, you’re too far away from the Home of the Brave to merit intergalactic protection.
Some of you may question the practicality of this plan. To you I say, re-watch the scene in which I stabbed the evil British Col. Tavington in the gut with the flag. Now imagine that, on a far grander scale, being done to an invading alien armada. I rest my case. SUPPORT FREE SPEECH NOW!!
Great news this morning.
“RICHMOND, Va. (Dec. 9) — A 90-year-old Medal of Honor winner can keep his 21-foot flagpole in his front yard after a homeowners association dropped its request to remove it, a spokesman for Democratic Virginia Sen. Mark Warner said Tuesday.”
I certainly hope at least one member of the hoa gets the pink slip over this. what a travesty.
Since reference was made to Mission Viejo, California. Let me tell you the rules in force in non-HOA covered areas of the city for a residential flag pole. A flag pole must be within 30 feet of the back of the property but not within 3 feet of the property lines. It can be no more than 12 feet tall. It can only fly 3 flags: USA, California, & city of Mission Viejo. HOAs may impose more restrictions on flag poles.
Alan. Are you telling our readers that we cannot fly the “Live Free or Die” flag from N.H?
If you visited La Paz & Marguerite on April 15th you would have noticed several at the TEA Party.