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MoH recipient told to remove flagpole from his front yard

MoH recipient told to remove flagpole from his front yard

What kind of person would tell a Medal of Honor recipient who fought in three wars that they can’t fly an American flag from a flagpole? The president of a homeowners association, that’s who.

Generally I don’t like homeowners associations. The people who run them are like the nerds who got picked on in high school as soon as they get a modicum of power. They abuse it and extort it and go mad trying to control everything. They’ll say it’s because of “the rules”, but who sets the rules of a homeowners association? The officers of the homeowners association do. So can’t they just as easily let an issue go? They never do, though, because that would ruin the feeling of power and control they get from ordering around their neighbors. This story is a perfect example of that. And it goes beyond an annoying power weasel on your HOA — it’s downright indecent.

A flood of help is building for an embattled Medal of Honor recipient in Henrico County who was ordered this week to remove a flagpole from his yard by his community’s homeowners association.

From the halls of Congress to the 90-year-old colonel’s old infantry unit, a local law firm and scores of service members, help is making its way to Col. Van T. Barfoot.

“He said he was outraged and wanted to help,” Barfoot’s daughter said yesterday, speaking of U.S. Sen. Mark R. Warner, D-Va., who learned of Barfoot’s plight on TimesDispatch.com yesterday.

In a five-paragraph letter that he received Tuesday, Barfoot was ordered to remove the flagpole from his yard in the Sussex Square community in far western Henrico County. The decorated veteran of three wars raises the American flag every morning on the pole, then lowers and folds the flag at dusk in a three-corner military fashion.

The Coates & Davenport law firm in Richmond sent a priority-mail letter ordering Barfoot to remove the pole by 5 p.m. Friday or face “legal action being brought to enforce the covenants and restrictions against you.” The letter states that Barfoot will be subject to paying all legal fees and costs in any successful legal proceeding pursued by the homeowners association’s board.

A Richmond law firm, Marchant, Honey & Baldwin, offered yesterday to represent Barfoot at no cost, partner John Honey said.

In a statement released last night, the association said Barfoot is in direct violation of its board’s July decision to deny his request to erect a flagpole.

“This is not about the American flag. This is about a flagpole,” the statement reads, noting that many homes in the neighborhood display the American flag.

… Nicholls said her father’s phone “is ringing off the hook.” Members of the 157th Infantry Unit, with which he served, have called along with scores of people concerned about Barfoot’s welfare, she said.

Barfoot can’t understand why the board allows a flag to hang from an angled pole mounted to the side of a house but disallows a flag flown from a free-standing vertical pole.

“Where I’ve been, fighting wars, displaying the flag, military installations, parades, everything else, the flag is vertical. And I’ve done it that way since I was in the Army,” Barfoot said.

“Dad sort of feels like this is the end,” said Nicholls, who lives a few doors away. But she said yesterday that she and her husband are attempting to generate support for her father’s cause, a flag-raising rite that he has undertaken for most of his life.

Barfoot received the Medal of Honor for heroic action on the battlefield during World War II in Italy and fought as well in the Korean and Vietnam wars. A portion of a highway in rural Mississippi, his native state, was named in his honor this fall. A building at McGuire Veterans Affairs Medical Center, Richmond, also carries his name.

Barfoot regularly began flying the flag on Veterans Day this year, after he returned from an extended trip that began in September, despite the Sussex Square board’s decision.

He said last month that not flying the flag would be a sacrilege to him.

“There’s never been a day in my life or a place I’ve lived in my life that you couldn’t fly the American flag,” he said.

Barfoot’s neighbors are split, with some saying that the community covenants should have no exceptions, and that Barfoot was given the community’s covenants before he bought the property. Others support him regardless.

Sally Hedleston, whose house has a legal flagpole attached, said she has asked board members to make an exception for the Medal of Honor recipient.

“Some board members say that rules are rules — well, how many of them have broken the speed limit every day here?” she asked.

I understand that there are rules — apparently sacred rules, more sacred than a military flag raising ritual — but really, is it that important? A 90-year-old Medal of Honor recipient who has fought for his country in three wars wants to raise and lower the flag every day in honor of his country. What kind of person must you be to find a problem with that? I can’t see why having a flag flying from a vertical flagpole would matter anyhow. A flagpole is not exactly an eyesore, and that’s what most HOA rules are about. They want the neighborhood to look good. And, as the neighbor above points out, there are likely any number of rules that the officers themselves break on a regular basis. It’s not a life or death situation, it’s not going to cause some kind of great tragedy if you let the man fly his flag. It’s a fine display of patriotism, but these people are angry enough about it to seek legal representation to stop it.

To be such a control freak is really pathetic. I hope that the HOA officers realize that the vast majority of the public opinion is against them, and let this drop. This man was awarded the Medal of Honor, and you’re telling him he can’t even fly a flag in his own front yard, after serving his country that way?

Honestly, there are just no words. That’s a whole new low to sink to.

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13 Comments
  • Steve L. says:

    This man has more than earned the right to fly the flag any way he chooses. I would bet there is not one veteran among the board.

  • Duane Lester says:

    There are some things you just don’t do. Telling a MoH winner he can’t fly the flag is one of them.

    Hope he comes out on top.

  • The members of the board should be beaten to a faretheewell. And the lawyers should be zapped in the balls with a cattle prod.
    That is all.

  • Chris in NC says:

    “What kind of person must you be to find a problem with that? I can’t see why having a flag flying from a vertical flagpole would matter anyhow. ”

    They’d be liberals and democrats!

    This is why I don’t and will never live in a housing development.

  • Andy says:

    The solution is just never buy a house under the control of a homeowners organization. When I bought a house, I wanted freedom, and avoided municipalities that are over controlling.

  • I R A Darth Aggie says:

    Andy is right. Barfoot purchased a home with covenants attached, and as such he should live according to those rules that he voluntarily agreed to.

    Or move to a place where he can put as many flag poles as he likes.

  • Pedro says:

    Go here and read about them . . . greatest people who ever lived other than our Founding Fathers.

    http://www.cmohs.org/

    I think the HOA could make an exception in this case.

  • What puzzles me is these dust-ups with HOAs always seem to be about this one solitary stupid rule. Doesn’t matter which region of the USA, let alone which HOA it is. It’s always the flying of the flag.

    The media circus can’t be comfortable. So when the time comes to sit down and figure out which rules to have, how come this one seems to make it into the bylaws so often. Is it a “yesiree, we gots to have a flaaaaag freeeeee zone”…or do they just not plan ahead.

    Either way, how about a rule about “When you’re outside your home and in view of your neighbors, ALWAYS speak English.” Hehehe, let’s just see how vigilant they are about rules-are-rules and conform-conform-conform then. Seems to me there’s a whiplash effect once you stop offending one group, and start offending a different one.

  • Bob says:

    HOAs should be banned from two things: blocking homeowners from solar panels/wind energy, and American flags.

    I firmly believe that there should be no HOA in the country allowed to restrict flying an American flag.

    That being said, certain HOAs can be useful sometimes. It’s helpful when the guy down the street decides to turn his driveway into an auto shop.

  • alanstorm says:

    Telling a MoH recipient not to fly the flag? Couldn’t be any negative PR associated with that, could there?

    While Andy above is technically correct, any HOA with an ounce of sense (I know, I’m a dreamer) would know that this one’s a non-starter. I can’t remember where I heard it, but I do remember hearing once that one of an executive’s (or an executive body’s) responsibilities is to make sensible exceptions to the rules. If you disagree, think about if for a nanosecond – enforcing rules blindly results in the kind of “zero-tolerance” idiocy that we see occurring in schools.

    Of course, it’s very possible that some busybody complained – in which case someone on the board with a spine (I know, I’m a dreamer) should have explained why complaining about that issue was a BAD IDEA.

    I am constantly reminded of a comment made by a homeowner back when I misguidedly served on an HOA board – in response to a question on some topic (I believe it was the neighbor’s choice of paint jobs), they said: “Some people buy a house, and then think they can do whatever they want with it!” – with a straight face. I don’t need to ask to know what party that person voted for.

    I like our current HOA – the covenants are 3 pages long, deal mostly with limits on livestock quantities (I think we’re allowed no more than 2 cows), and the board meets – well, never, as far as I can tell.

  • Doug Mc Cormick says:

    I’ll add my support to this veteran and hope he wins his fight to keep the flagpole and the flag without any restriction.

    As millions of people become aware of this public relations disaster the biggest idea on the Communists’ mind is how to make this problem go away. It is simple, allow the AMERICAN FLAG to FLY FREELY 24/7.

  • Mark says:

    How many more years does this man have? The home owner’s ass’n really screwed this up.

  • Bob says:

    Ah, more to it:

    “Also bear in mind, the story fails to mention that the HOA guidelines do NOT forbid flagpoles. There’s also the Freedom to Display the American Flag Act of 2005, which bars any HOA from making any restrictions on flying Old Glory on your own property.”

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