MOH Recipient v. Homeowners Association (WITH UPDATE)

December 3rd, 2009 by MOTHAX
 
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barfoot I've been holding off posting this all day, despite the twenty emails or so I have received because I figured the Homeowners Association would pull their head out of their Fourth Point of Contact. Silly me. While you are at it, go join his Facebook support group! The man fought in 3 wars. This here would be almost a textbook example of not choosing your battle wisely. In fact, I can't imagine a more idiotic fight to wage. First, here is Colonel Barfoot's MOH 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 machinegun 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 machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun 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 tommygun. 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.
Here's a news account of what is going on right now. Roughly as wise as peeing on an electric fense or swimming in a crocodile pond with a dead chicken under your swimsuit. I'll take Barfoot with the win, and I'll take the under if it is anything over 24 hours. UPDATE: The Legion announced tonight that they will be covering any legal fees for Colonel Barfoot:
The American Legion has joined the fight being waged by a Medal of Honor recipient against a Virginia homeowner association's demands to remove a flagpole. Col. Van Barfoot, 90, a World War II and Vietnam veteran, was ordered by the Sussex Square Homeowner's Association to remove the flag pole from his front lawn after he flew the U.S. flag on Labor Day and Veterans Day. The association is claiming that the flag pole is not "aesthetically appropriate." "The association underestimated the fight left in this elderly veteran and now they have to contend with the determination and persistence of Col. Barfoot's 2.5 million friends in The American Legion," National Commander Clarence Hill said. "Col. Barfoot has hired legal counsel. The American Legion is prepared to help with the expenses and fight these disgraceful actions by the association. Where is the common sense here? Is this anyway to treat any American, much less a true hero like Col Barfoot?" Fighting for the flag is not new to The American Legion, the nation's leading authority on flag etiquette. Since 1989, The Legion has been fighting for a constitutional amendment that would grant Congress the authority to protect Old Glory from desecration. "The flag is a symbol of our country," Hill said. "People should fly it proudly. That's all Col. Barfoot wants to do. If he were desecrating the flag, instead, the association couldn't do a thing to stop him. We proudly stand with Col. Barfoot and say ‘enough already!' Let him keep the flagpole and fly the flag as often as he wants. He certainly earned that right." "What the association is doing is especially disgraceful given the fact that our president has ordered another 30,000 troops to Afghanistan in defense of our freedom," added Joseph Caouette, The American Legion's Chairman of Americanism. "I wonder what they think of all of this."
Posted in Uncategorized, the burner | 17 comments
 
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Comments

Seventh Son (not verified)

December 3, 2009 - 9:03pm

I don't know what possess homeowners associations to try ironclad restrictions like this. I don't think I would ever leave somewhere that has an association like that. They say it's all about property values but I'm not sure. They seem to be mostly oriented toward making sure that all their neighbors are just like them. I'll leave it to the readers to assess the full meaning of that statement.

The Sniper (not verified)

December 3, 2009 - 9:36pm

Yeah, I'm going to have to bet on the MoH recipient.

Falshrmjgr (not verified)

December 3, 2009 - 10:35pm

Home Owners Associations, IMHO, are a blight. A Man's right to dispose of his property, and to do what he wishes on his property are a fundamentally American right.

Alien (not verified)

December 4, 2009 - 1:30am

The American Legion has announced that it is willing to pay his legal fees to defend againt this terrible decision.

mumbo of the zork (not verified)

December 4, 2009 - 4:43am

just exactly what is so not “aesthetically appropriate” about flying the U.S. flag??? what's next for this place? not allowing individual expression of freedom? having matchbox style homes? everyone must dress the same and eat the same??? i'm usually open minded, and even i can't find a good argument for such disrespect!!!

at what point will these irrational people wake up from their delusions of what this country is all about???

Old Trooper (not verified)

December 4, 2009 - 12:58pm

HOA are the worst. I was under their totalitarian rule once, but never again. The boards usually consist of people that feel you need to act as they do, keep your house as they do, and basically control your day to day lives, although they aren't paying your mortgage, they get to tell you how you must be. Kind of like what the left is proposing for all of us in the country.

Just As I Predi... (not verified)

December 4, 2009 - 2:47pm

[...] deadline by seven days that the uproar and outrage will die down… it won’t. As of today the American Legion has offered to pay all legal fees for COL Barfoot related to this flagpole debac...and he has the full support of most, if not all, current military members as well as an army or two [...]

Mike (not verified)

December 7, 2009 - 3:22am

I'm pulling for him. I have a problem with HOA's doing this. Have all the rules you want, but you should be able to display the flag in any respectful way. My dad has a pole in his front yard. Maybe he should make it higher. Not that it substitute for those who have experienced real combat, but I think if the HOA had to watch Band of Brothers and Saving Private Ryan before their vote, they might have had a little more respect. I'll be contributing to the American Legion...

nicely (not verified)

December 9, 2009 - 1:38pm

How ever ison the board of this assn. should move back to old ussr.

Randall R Forquer (not verified)

January 22, 2010 - 6:49pm

Sir

Being a Former Marine Viet Nam Scout Sniper, THANK YOU.

SEMPER FI

Don Allman (not verified)

January 26, 2010 - 2:31pm

My son Andrew now 1st Lt. Andrew have the privelige of spending several hours with Col. Van Barfoot as he drove to and from a event honoring the Col. at the NRA Head Quaters building in Fairfax, Virginia a few years ago.

My son has as a prized possession -- a autographed book, by Col. Van Barfoot (limited edition of course) of the of Medal of Honor Receipents from WWII to Viet Nam.

First Lt. Andrew did email words of encouragement to this great American Col VanBarfoot during this foolish attempt by the Home Owners Association and their shill lawyers to silence this American patriot. Lt. Andrew was a decorated Bronze Star receipent as an Army Armored Scout Platoon leader in Baghdag, Iraq returning after one year this past September 2009.

Charles I. Mote... (not verified)

January 28, 2010 - 6:53pm

Bravo Zulu, Colonel Barfoot. Thankyou American Legion.

CI Motes, Jr., RVN 1965-1967

Dave Yates (not verified)

January 30, 2010 - 3:48pm

Hey Charley
Where you at????
Dave

Joe Hertz (not verified)

January 30, 2010 - 9:01pm

Colonel, I salute you and applaud you. As a BAR man who choggied the hills of Pork Chop, Old Baldy and Arrowhead Ridge in 1952, I know where you came from and how you feel today. As I grow older, my love of country grows stronger every day - if that is even possible. Some years ago, my family recognized my fervor and erected a flag pole in my front yard. The next thing was to install lights so she waves 24 hours a day. I have no association to fret about and my neighbors share my love of country, so I took special notice of your diligence and fight. As a 57 year member of Kennington Post #34 in Indianapolis, I am proud of thre American Legion coming to your aid. Feel free to ask me for help. It no longer is physically possible but an old 2nd Infantry Division vet can still shout and write. God Speed. Joe Hertz

Don O (not verified)

February 1, 2010 - 2:21pm

WOW! I see a lot of posts here by persons who when in school probably had the note "..does not play well with others..." on their report cards. Please spare me your wrath against HOA's. You (should) know going in what the rules are. If you aren't prepared to follow them, then that isn't the place for you. My understanding is the problem isn't displaying the American flag, it't the manner in which it is displayed. In my case, if someone moves into the condo's and wants to fly the flag, I'd be more than happy to help him or her install a flag pole in the manner listed in the HOA rules, in this case, a diagonal pole by one's garage door attached to the building. No problem. So far I see nothing wrong with displaying the American flag! A pole in the yard (a "common area") is another story. In our case, we are responsible for everything inside, the HOA everything outside. How about a pickup truck in the driveway? How about storing your garbage cans outside instead of in you garage? Do we need to define what a Home Owners Association is?

Nancy Message (not verified)

March 8, 2010 - 10:37am

According to Dan O, the symbol of our country is comparable to a pickup truck and garbage. I beg to disagree.

According to Dan O, the HOA has a higher authority over the House of Representatives, the Senate, the President of the United States, and law.

Dan O should familiarize himself with HR 42 (109th Congress): Freedom to Display the American Flag Act of 2005.

June 27, 2006 - Passed in the House of Representative by voice vote.
July 17, 2006 - Passed in the Senate by Unanimous Consent.
July 24, 2006 - Signed by the President.
Jul 24, 2006 - Became Public Law No: 109-243.

SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

Roderick Mcnicol (not verified)

September 2, 2010 - 10:24pm

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News from the World of Military and Veterans Issues. Iraq and A-Stan in parenthesis reflects that the author is currently deployed to that theater.