Barfoot Wins! UPDATED with Press Release
December 9th, 2009 by MOTHAX
AP Photo/Richmond Times-Dispatch, Eva Russo
Nov. 2: Col. Van T. Barfoot, 90, and his daughter Margaret Nicholls lower the flag outside Barfoot's home in Henrico County, Va.
I never really felt that the conclusion of this debacle was ever in doubt. You simply can not have a MOH Recipient squaring off with a Homeowners Association and the MOH Recipient not winning. It was like Chantilly High School Football taking on an NFL team. (Except maybe the Pats, Steelers, and last years Lions.)
There were a lot of folks who got involved in this one. Actually, it was somewhat staggering the army that was arrayed against these 8 folks on the Homeowners Association board. Toward the end, I almost started to feel bad for them. First off, you don't fight a guy like Colonel Barfoot. Then when groups like The American Legion jump in, and politicians from the 2 Senators (Warner and Webb) and even the spokesperson for the President of the United States, it just makes surrender a much easier alternative.
From AP:
RICHMOND, Va. — A 90-year-old Medal of Honor recipient can keep his 21-foot flagpole in his front yard after a homeowner's association dropped its request to remove it, a spokesman for Democratic Virginia Sen. Mark Warner said Tuesday. The Sussex Square homeowners' association likewise has agreed to drop threats to take legal action against retired Army Col. Van T. Barfoot, Warner spokesman Kevin Hall said.I was trying to think of a single one of these occurences where the Flag supporters didn't win out. Just a few months ago there was the instance of the bank that wouldn't let the flag be put on the grounds during a parade. Yeah, that particular bank got slapped silly by corporate. Anyway, good on Col. Barfoot for sticking to his guns. UPDATE: TAL issued Press Release.
WASHINGTON (Dec. 9, 2009) – Calling the decision of the Sussex Square Homeowners’ Association Board to withdraw legal action against a WWII hero, “a great decision,” the leader of The American Legion congratulated all parties involved. "This is a victory for reason and I applaud the board for making the correct decision to permit this American hero to honor Old Glory in such a fitting way, every day, on his property,” said National Commander Clarence E. Hill. “I also commend Legionnaires and all Americans across the country who flooded Col. Barfoot, the association and The American Legion with letters, emails, phone calls and messages of support and tribute.” Because of the controversy involving the 90-year-old Medal of Honor recipient, Rep. Howard P. “Buck” Mckeon (R-CA) and Republican Whip Eric Cantor (R-VA) introduced a resolution, H. Res. 952, allowing Congressional Medal of Honor recipients to properly display the United States flag on their property at all times. “I thank the law firm of Marchant, Honey & Baldwin for their pro-bono efforts in resolving this issue. There is always room for discussion and solutions to be achieved within the system,” Hill added. “In this case, the homeowners’ association recognized the remarkable sacrifice and devotion of this true hero and acted wisely within the boundaries of their authority to do the right thing. We understand and appreciate the important role homeowners’ associations play in local communities. The American Legion encourages all homeowners to continue to properly display Old Glory.”
Posted in Uncategorized, the burner | 34 comments
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Comments
K.J. Hinton (not verified)
December 9, 2009 - 6:30pm
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See, it's this kind of thing
See, it's this kind of thing that brought me back into the fold after 6 years.
GREAT JOB! And Colonel... they never had a chance. AWESOME job... and a GREAT win against the forces of the PC.
C.T. Armistead (not verified)
December 9, 2009 - 11:28pm
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I think its awful that ANY US
I think its awful that ANY US citizen has to worry about a homeowners association when it comes to displaying the US flag on a flag pole. The US Flag Code should be amended to say something like "the right of any US citizen to propery display the US flag shall not be infringed."
Owl Creek Observer (not verified)
December 10, 2009 - 10:45pm
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Nobody is more of a
Nobody is more of a "flagaholic" than I am. Over the years, whenever we moved into new quarters, the first order of business was to affix a flagstaff bracket to the front of the house. I love my country and its flag, and I served them both for more than twenty years in uniform.
So it saddens me to say that Colonel Barfoot was wrong. He knew about the restriction against standalone flagpoles in the neighborhood before he moved in, yet he chose to ignore it. Others in that same neighborhood proudly fly their own flags from brackets on the fronts of their homes, but the colonel refused that option.
This entire sad incident was portrayed by the press, and by BurnPit, as an attack against our flag and against a 90 year old Medal of Honor winner. But in truth, it was about a simple violation of a legal contract that the colonel signed before he moved in.
I said all along that the association should just back off and cut this 90 year old hero some slack, which they eventually did. But I feel they were unfairly treated by all concerned in the process.
Sam Einfeldt (not verified)
December 10, 2009 - 11:06pm
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Great news. If the to
Great news. If the to Senators want to pass any legislation it should include all military retirees, career, and all other Veterans. I for one fly my flag 365 days a year and was confronted by my home owners assoc. and the only thing I had to say was you touch my flag and it will be the last flag you will ever touch and that was 9 years ago. We have earned the right to fly our flag and deserve to be shown that respect for our service to this country.
Robert Van Auker (not verified)
December 11, 2009 - 12:16am
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I served in two wars, WW2 in
I served in two wars, WW2 in the army in combat in the South Pacific and in the Korean conflict I was in the Air Force stationed in Japan. I also am a "Flag Waver" but I also respect rules and regulations when I sign up where there are rules already in place. The fact that Col Barfoot is a Medal of Honor winner does not give him the right to sign a lease with established rules (agreeing by his signature to abide by them) and then deliberately break those rules simply because he is the recipient of the Medal of Honor. In my humble opinion he is in the wrong in this instance and could have solved the whole problem by abiding with the established rules and hang the flag on his front porch with the rest of us veterans.
Although he can rightly be very proud to have won this highest of medals, his actions smack of a "Look at me folks, a REAL hero." I also have a medal which can only be won in combat, but the only ones who know I have it is my immediate family.
Stephen Manning (not verified)
December 11, 2009 - 12:53am
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I do not believe Barfoot or
I do not believe Barfoot or any other servicemember has the right to thumb their nose at valid contracts willingly signed. Hero? Maybe at one time, now he's just another scofflaw.
The Legion is wrong for not having addressed the issue of contractual obligations of ALL citizens which servicemembers pledged to defend, before blindly jumping in automatically to take the position one expects from a militaristic society, not a democratic one.
MOTHAX
December 11, 2009 - 1:45am
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How was it a contractual
How was it a contractual obligation exactly? The HOA had nothing whatsoever about flagpoles, but had a catch-all to allow them to arbitrarily do whatever they wanted under and "asthetics" codicile. As far as I can tell the only legality here was that they certainly had a right to take him to court if they felt the flag pole violated that, just as he had the right to fight it in court. Isn't this exactly why we have courts? So that things on the margin are decided our legal system?
I would have agreed if it said no flags, or something of that nature, but the somewhat randomness and subjectivity of "asthetic" seems to me to have been the issue here.
jim gibson (not verified)
December 11, 2009 - 1:57am
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I am a vietnam vet and my
I am a vietnam vet and my believe is that anyone who fought for this country should have the wright to fly they'er flag anyplace they want.
I also feel that any company or association that would have a problem with that in my book is anti american and maybe should be doing there business in some other country. This is america like or get the ---- out.
R. Jenks (not verified)
December 11, 2009 - 2:41am
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It is a sad day in our world
It is a sad day in our world when the flag generates such controversy. It just goes to show you that some people are more concerned about a flag in their community than the honor of their country. It is very poosible that the people complaining about the flag are those that had nothing to do with fighting for that flag. Shame on you you idiots. I hope that the current admiistration can teach you all there is about the muslim culture because with that type of attitude you are in for a sorry ride. Get a life people. That veteran gave his all to give you your all. Wake up!!!!!
Another vet.
R. Jenks (not verified)
December 11, 2009 - 2:47am
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ps Tthe boz that takes the
ps
Tthe boz that takes the stan on contractual vs Veteran has given proof we are doomed to socialism. I can't believe that was stated publicly
Stephen Manning (not verified)
December 11, 2009 - 4:35am
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Here we go again. Veterans
Here we go again. Veterans assert a right to do as they please.The argument seems to be "Patriots" should have more rights than others whom are judged by "Patriots" to have less status or fewer rights than others. Before long we will see a "Christian" and a "family values" justification for some who are judged to be superior by those who think they are superior and therefore entitled to disregard law, regulation, contractual obligation, or even basic moral consideration to justify any and all conduct that flaunts societal norms. If it be socialism to ask citizens to abide by contractual obligations freely entered into, so be it, sign me up.
The Legion, and others, could do a service to themselves by examining the question of the easement, bill of assurance or other codicil which Barfoot freely entered entered into . There may indeed be more to this case than we know at this point.
The flag is a symbol, nothing more. To make it a cause celebre in this case may be detrimental to the rights of others which this so-called hero was pledged to defend.
Lou Air Force 1966 (not verified)
December 11, 2009 - 4:49am
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Everyone keeps talking about
Everyone keeps talking about the Flag in this whole matter. You should all read the original story again. This was never about the American Flag at all, no one said he could not fly his Flag, so I don't understand why everyone keeps on harping about the fact that the HOA was against Col. Barfoot from flying his flag. This whole issue was over his flag pole, a 20 foot pole in his front yard in a residential neighborhood. No wonder the HOA asked him to take it down. The HOA never defended itself, but it makes me think, how many of the Col's neighbors complained about the flag pole or the ropes banging against the pole when the wind would be blowing. I'm sorry, but I have to agree with Owl Creek Observer, Col. Barfoot was aware of the rules before he moved in. If he is this well respected Army Col and Medal of Honor recipient, then why doesn't he act like one? Or is he like the usual Cols we all ran into every once in awhile that just walked around and step on everyone else just because they were a Col.
Now, I certainly respect this man’s right to present his Flag and I defended his right to do so in one of dirtiest wars we ever fought in. But I will be dammed if I will defend his right to fly his Flag if he thinks he can just break any rule he chooses to just so he can fly his Flag. Also, shame on all the Organizations and Individuals who signed up to defend this man’s right when he was in the wrong in the first place. What kind of example are we setting here form out young people out there, or what message are we sending when we tell our children to obey the law and the rule that are set down or you agree to, except when a bunch of so called important hypocrites say "well we know this is wrong, but you really don't have to obey this rule this time, even though you agreed to it with your signature".
Yes, Col. Barfoot is a hero and certainly a well decorated man and deserves to be respected and remembered for what he has done for his Country. He definitely earns that right and I well be first in line to shake this man's hand if I should ever meet him in person. But in the matter, he should have listened to the HOA from the very beginning and all of this would have been avoided and would have never been a circus for the media to have so much fun with, like they always do. Also, our Congress people and the President himself would have never been involved and made such a fool of themselves by supporting someone that was wrong from the very beginning, in breaking the rules of his HOA.
Way to go!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Stephen M. Leek (not verified)
December 11, 2009 - 5:16am
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Some rules need to be
Some rules need to be challenged and this was one. Any American should be allowed to fly, display, hang or wave our nations flag on his or her property in whateve manner they choose according to proper flag edequate. Col. Barfoot as a veteran has earned our respect and deserves all the support he received in this effort. Thank you Col. Barfoot for you service to our country and for taking on this issue.
My father is also a 90 year old veteran of WWII and a life member of the American Legion. Thanks to all who supported this effort. God bless you all. Peace & Love. Stephen.
MSgt J.Chavez, ... (not verified)
December 11, 2009 - 6:48am
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Lou Air Force 1966, after
Lou Air Force 1966, after 40yrs serving in the Air Force, I have never been so OFFENDED.
It doesn't matter if Col. Barfoot was an Airman Basic, No man has any right to tell any AMERICAN when, where or how to display the American Flag. I think it is illegal for an HOA to have any language in their Charter or by-laws making THEM above the law. What law? The one that says we in the Military must take the bullets of war so that those at home are kept safe. Go to the Abraham Lincoln National Cemetary, its one of the newest, yet it already has thousands of graves, stand there and look at all the Stones of our Heroes. You tell them you respect there right to die, but NO, you can't allow them to break a silly law about putting up a flag pole. What kind of example are we setting for our young folk. A Great one.
Hey dummy, read the Declaration of Independence. There 's one line near the end, that in plain English says "If its wrong, change it !" Whether its the Government, laws or whatever, the people have the right. If you got the backing, change it. Well, we did, thanks to Congress and many like minded Americans.
Medal of Honor recipients are now allowed BY LAW to display ther U.S. Flag on their property at all times.
Yeah, I'm a flag waver. I've got the American Flag flying on my house 365 day or night. Somewhere in the World, one of my Brothers or Sisters is taking the bullets of some idiot terrorist. Why? I'm retired now, their covering my ass. This my way of supporting them. They're vigilant 24/7, so am I. MY FLAG FLYS FOREVER! The only time it may come down is to cover my casket. But then my two Air Force sons may have something to say about that.
Stephen Manning (not verified)
December 11, 2009 - 7:39am
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Chavez, deal with the issue,
Chavez, deal with the issue, not with your paranoid imaginings. We are not discussing what superPatriots (Fascists) SHOULD be allowed to do because SOME other patriots think they should be allowed to do. The question has always been what Barfoot agreed to abide by in the first instance. He violated an ordinance he had previously agreed to. He could have flown his flag on his house, garage, etc. But he thought he was too important as a HERO to be governed by mere rules of the community he voluntarily chose to join. If you want to try to put some cheap trailer next to my house, bring guns, dude, lots of them. We have rule here too. And you will know them before you are allowed to join our community. Chavez, you are right to assert that the Declaration of Independence says the people have the right, but you perhaps do not understand that what that means is that THE PEOPLE HAVE THE RIGHT. Not one idiot who thinks he's more important than THE PEOPLE.
Paul Gordon (not verified)
December 11, 2009 - 10:38am
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I have had it up to here with
I have had it up to here with these anti-flag scumbag LIBERALS and GUTLESS WONDERS who won't stand up for the basic right of every American to fly his colors publically and on his own property. Especially when they are OUR PAST HEROES and know what that Flag means. Of course, those who have not served, haven't the Balls to stand up for much anyway, so they must come out from under their rocks to try ti discourage others from being brave. If they have a problem with the Flag, then they should all be tattooed with as Israeli Star on their foreheads, and dropped off in Downtown Tehran where they would receeive, I'm sure, a most proper reception. The ACLU, the Jane Fondas, the Barbara Boxers, Diane Fienstein, good ole' Nancy P. and the rest of the anti American Litter should likewise be given the Forced Opportunity to experience the same. I doubt that you would ever be able to turn them around to become REAL AMERICANS anyway!!!! The Clintons wouldn't help pass an Amendment to protect the Flag, either, so send them too. Since when is desecration of our flag covered under "Free Speech"???? I would like to see EVERY VETERAN, NATIONWIDE, DEFY ALL OF THESE COMMUNISTIC HOMEOWNERS' ASSOCIATIONS, AND PUT UP A FLAGPOLE RIGHT IN THE MIDDLE OF THEIR FRONT LAWNS TODAY!!!!!
Then let that Senile bunch we call the "Supreme Court" who can't even agree on what day of the week it is, try to make a ruling against a majority ot Courageous Men and Women who fly their Colors in defiance and as a forefront display of THEIR AMERICANISM AND PATRIOTISM. I am a 2 tour VietNam Veteran, and I dare someone to tell me that I have to remove my flags.......Paul
P. Gordon '68 T... (not verified)
December 11, 2009 - 11:10am
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OK, Lou Air Force, 1966, we
OK, Lou Air Force, 1966, we break all kinds of "Rules" everyday, but you can't just call this a choice of violation of the "Rules". The HOA had no business making such a rule, and according to the "Rules of Engagement" on the battlefield, there are ALWAYS changes in the spur of the moment, and "Modifications" made at the last minute. like saying that I can't use my .50 Cal against personnel, when it's the only weapon available to me. Whatever works and whatever tactics at the time dictate the outcome of Victory, all is permitted. This also goes for the rather simple tasK of putting up a flagpole and flying his National Colors. You drive through these neighborhoods or "Sub-Divisions" as they are called, and what do you see???? BORING, BORING,BORING Status Symbol Land homes all painted alike, the landscaping is all alike, no cars, boats, no Real People just abunch of Gutless Automatons abiding by the "Rules".
WELL, THIS IS AMERICA, AND WE'VE BEEN BREAKING ALL OF THE RULES (you know the Bible) since 1492 when we started murdering the natives in the name of GOD (by the way, which God?)and forced the so-called Christian way upon them. We've had some "really Fine" examples of this down through the ages. Once again, the HOA has used the same tactic to force their will upon a REAL AMERICAN HERO, and anyone who won't support him in this is a Low-Life, Gutless, Liberal, Unamerican Slob without the Courage and Dignity to see what's happening here..........WAKE UP AMERICA!!!!!!!!!!!!!!!!!!!!!
P. Gordon Medic... (not verified)
December 11, 2009 - 11:38am
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We Came, We Saw, We
We Came, We Saw, We Conquered, We Corrupted, We Littered, We Polluted, We Murdered (in the mane of God, no less) We Forced our ways, our Politics, our Relgion, our Dress Codes, and stole their lands, gave them "Reservations" that were already theirs, turned them into alcoholics, then required and expected them to fight alonide of us in the World Wars, but as Unequals. Because they were different, they frightened us. But they welcomed us here with open arms and taught us survival and provision. What's this got to do with the pertinent issue here, you ask?? EVERYTHING!!!!!!!!!! An american Hero (aren't they all??) wants to put up his Flag,and you mindless Sheeple, that's right, Sheeple (Hybrid--- Sheep + People) gutless followers easily led to the slaughter Shamefully. YOU, should be rallying around this man, and all of you should diplay a Flagpole and 2, YES 2 (TWO) flags proudly and noticeability hoisted.....and have the balls to enlist and take the war home to the enemy. In the Oath. it is said, "Against ALL ENEMIES Foreign and Domestic!!"....You folks who do not stand with this American Hero, are THE DOMESTIC ENEMY!!!!!!!
cbtbruce (not verified)
December 11, 2009 - 1:20pm
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I just don't understand how
I just don't understand how anyone could bring such a suit! Our Flag is the symbol of freedom world wide. It represents the millions who have given the ultimate to preserve it and the freedoms we enjoy. Aparently there are not enough citizens that respect this and/or even have a clue. Thank God Almighty that we live where we do, under the system of laws that we have.
Henry DiSciullo (not verified)
December 11, 2009 - 1:54pm
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It still is not clear to me
It still is not clear to me that perhaps these eight jerks might have succeeded in doing away with the flag had it been some of a lesser sature than Colonel Barfoot. I fly my country's flag proudly when the occasion arises as do other of my neighbors in the condo complex where I live. Having been on the board of our homeowners association, it is unthinkable to me that we could have considered asking any homeowner to refrain from honoring the flag as he or she saw fit. What was so distasteful to these Virginia homeowners about this particular display?
Vam68 (not verified)
December 11, 2009 - 2:53pm
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To some folks, the only value
To some folks, the only value that matters is the dollar value of their precious property. My two year tenure on a HOA board was very instructive. I signed up to be "elected" to keep in check the "grass nazi" mentality that predominately exists in these meddlesome scrums. What about the values they have forgotten (perhaps never learned) ? The value of respecting that many have sacrificed so that our nation's emblem is the one that is displayed and not one from a conquering nation. I know these words mean little to the little minds that are screwed into the HOA rule book tunnel vision perspective. I am sickened to know that I have neighbors who would not look beyond the tenants of some superficially planned set of uniformity binding aesthetics rules to render respect to another neighbor who wishes to show their solemn respect for the flag that they saw many of their brothers die for. Those who died did so for all of us to have the freedom to express our love for country which was their love for all. I have a strong relationship with a group of WW2 vets in my area. Stephen Manning, you wouldn't amount to a pimple on the rear end of anyone of these men. You and your type will have their selfish uniformity driven miserable time for a while. Enjoy your time, it won't be long.
Bill Gray (not verified)
December 11, 2009 - 3:49pm
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It's people like Stephen
It's people like Stephen Manning who are allowing this country to fail. I'm sure he never served and wouldn't serve in the military. Someone who is such a wimp he allows other brave young men and women to fight for him. Don't know why he is so against flying the stars and stripes since he displays a stripe every day, although his is yellow.
Stephen Manning (not verified)
December 11, 2009 - 4:01pm
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Vam 68, I do not live in an
Vam 68, I do not live in an area governed by a grass nazi association. Because I CHOSE NOT TO. Barfoot apparently did and then chose to flout the rule. I asked once before for someone to advise us what led to the problem in the first place. Nobody seems interested in the background or whether there might actually be a reason for this rule. A relative of mine lived in a retirement community and paid a fee for lawn maintenance and the rule was no posts, flower pots, etc. on the grass. The reason was so riding mowers could mow the lawn without someone having to go back and trim. It kept the costs down for everyone. I suspect that may be the case here. Barfoot apparently had a choice, chose to ignore the rule and then asked for sympathy or a free ride. Democracy comes from demos, which means people which means everybody. That's what I served to defend. And you did too, even though you won't admit it. Barfoot may have been a hero with a medal, now he is a scofflaw who thinks the rule of law doesn't apply to him.
Beverly Mulkey (not verified)
December 11, 2009 - 4:16pm
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Mr. Manning, I have only one
Mr. Manning, I have only one thing to say - the flag is not just a "symbol" - it was on the tank my son took soldiers into Saudi Arabia during Desert Storm daring any enemy to harm Her! The Flag is the fabric of our country and, you, sir, should be on your knees thanking those servicemen and women who gave you the freedom to bash our country! Shame on you! I'm sure your mother is not as proud of you. Where are your American values, sir?
Donald P. RICHARDS (not verified)
December 11, 2009 - 4:28pm
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I weigh in this to ask why an
I weigh in this to ask why an association of any kind would enact any rules to prevent any american citizen from correctly displaying THE FLAG of our country. Their rules do not have the right to supercede Federal Laws governing any such displays even if the rule is made to "beautify" the living area. Were it not for veterans, you would not have the freedoms that we have and you would be sapeaking German, Japanese, or Italian with no rights to even build such areas for a private profit. We sacrificed and put our lives on hold to protect you, now you want to tell us what we must do since we survived and achived old age. Some of us went so far as to sacrifice our very lives. Shame on you for not reading and learning the lessons of HISTORY. Since you don't love The United States move out and find a Socialist or Communist country that will accept you, your family and your way and ideals.
James Court (not verified)
December 11, 2009 - 4:44pm
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Bravo, As a Legion Rider we
Bravo, As a Legion Rider we have dealt with a couple of flag issues at a local level. If the American Legion wants to really get involved on issues of freedoms how about getting involved in the right for American Legion Riders to wear lower rockers on their vests proclaiming where they live. The 1% motorcycle clubs apparently think they own parts of this country. I have heard of issues with Legion Riders, Combat Veterans International, Veteran of Foreign Wars and Patriot Guard members. It is apparent that these groups are not affiliated with any motocycle club and all their by-laws state they are non-territorial, non-confrontation members of veteran organizations that share a common interest in motorcycles. I would like to see the American Legion's 2.5 members voice their support for the freedom to wear whatever we want. What's next......can't have any facial hair or tatoos?
Bill Brown (not verified)
December 11, 2009 - 5:41pm
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It is interesting to read the
It is interesting to read the radical views on both sides of this Flag Pole issue. They read like the Democrats and Republicans going at each other in the Congress - which indicates they are representing the scope of our views. I am sure most of us would hope to see a toneing down the rankor in those debates, but there is little hope of that with an ultra free media fanning the flames of any contrtroversy.
James Risley (not verified)
December 11, 2009 - 8:26pm
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Hey Americans I am Proud of
Hey Americans I am Proud of all of you who voice your opion here because that is what being americans is about keep it up we need you all so the nation can always be here for us and mostly for are CHILDREN. Remember this, right or wrong is not always what it is about it's finding a way to just live in peace with each other.
Joseph M. Gambino (not verified)
December 11, 2009 - 10:39pm
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God bless Col. Van T.
God bless Col. Van T. Barfoot, 90, and his daughter Margaret Nicholls, and all those wonderful people that supported them.
Being 71 now I had the misfortune of not being in the Military to young for one (Korea) and then married with 2 small children for the second, (Vietnam) but I Fly my Flag Proudly, I appreciate and love this Country and people like Col. Barfoot and all our Troops that serve and who need our support. I feel we need to get back to the basics of why this country was established freedom of Religion, Flag & Country and then maybe we would have a better appreciation of our Freedom too. I have a problem with being Politically Correct and surrendering our rights and Country to people that I feel don’t give a darn to what is right for everyone, it seems to be true a few bad Apples will always spoil the bushel, and let us not forget the Pledge Of Allegiance to Our Flag, I have to stay calm because my blood pressure is begin to get out of hand.
God Bless AMERICA
Ray Moreno/form... (not verified)
December 11, 2009 - 10:48pm
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I also support the flying of
I also support the flying of our US flag by any war Veteran in anyway fit provided that it is performed per requirements of the Military. Who granted the HOA accross our country the authority to comtrol how a person can fly a US flag? That, I think is what we need to change. My HOA has the same rule here, but I still fly the colors and the USMC flag under it (I own a telescopic 18' alum. pole) on every Military holiday. My HOA will not allow a permanent flag pole, so I have one that can be removed because it fits inside of a metal sleeve buried two foot in the ground. I do not like the PR, but I have thought about doing what Mr. Barfoot has done.
I do this for my fellow comrads that did not returm home from Viet Nam. Samper-Fi !!!!!!
kenneth (not verified)
December 16, 2009 - 8:23pm
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hey this is AMERICE you
hey this is AMERICE you should be able to fly ITS FLAG where and when you want and if it pissis someone off to DAMM bad they can go back from were the came we do not need there kind here just a few words from a old army veteran
J Price (not verified)
February 4, 2010 - 10:08pm
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I am a 65 year old VIETeran,
I am a 65 year old VIETeran, a flag waver and proud of it but think Col. Barfoot is wrong in breaking his contract and having said that, I must add this one thing.....I will gladly stand beside Col. Barfoot while he raises OUR FLAG on his pole and salute OUR FLAG and the Colonel.....and if it is the matter of having to come back and trim around the pole, how much time would that take?........Besides, he is 90 years old. Give the man his pleasure while he can. When he passes, the HOA has all the time to remove the pole
Hillary Waddington (not verified)
February 8, 2010 - 3:50am
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Just surfing around and came
Just surfing around and came upon your site. Very fine post. Will be adding you to my RSS reader.
Nancy Message (not verified)
March 8, 2010 - 9:41am
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I am an Air Force veteran; my
I am an Air Force veteran; my husband is an Air Force veteran. My oldest son is in Army ROTC and is less than two years from active duty. My youngest son is three merit badges and a project away from Eagle. My husband is an Eagle Scout and scoutmaster. I have been a Boy Scout leader since my soon to be 2nd Lt son was a wolf scout. For the last 11 years I have taught a flag etiquette class at our council's annual training day. Happy 100th birthday to the BSA.
To Col. Barfoot, I say "Hooah!”
A key to this issue is the U.S. Flag Code which includes Title 4, Chapter 1 and Title 36, Chapter 10 of the United States Code. This code defines Federal regulations regarding the proper display and use of the US Flag. Where does a HOA, or any organization, get the right to restrict the right on ANY Citizen from properly displaying the U.S. Colors in accordance with the United States Code. In the case of the Sussex Square Homeowner’s Association, how do they, in good conscious, make a rule determining that the proper display of the U.S. Colors on a flag pole is not “aesthetically appropriate?”
More specifically, consider the “Freedom to Display the American Flag Act of 2005,” Section 3, included in Title 4 of the US Code, which states,
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."
It is unfortunate that organizations think it’s OK to make such restrictions. There have been several recent examples of this lack of patriotic tolerance. A university student being told by university housing to remove a US flag from his dorm window he displayed to honor of his Army father. An auto dealership told by a village to remove flags from the lot to comply with an ordinance limiting the number of flags that can be displayed. Mourners in SC attending the funeral for a fallen soldier where told by a bank branch manager they could not place flags along the procession route in front of the bank. Finally, a similar situation as Col. Barfoot where a parent was ordered by a HOA to remove the service flag of a son serving in the Middle East he displayed along with the US Colors in violation of the association’s rules of displaying more than one flag. You would think a little common sense and respect would prevail.
The US Codes states, “The flag represents a living country and is itself considered a living thing.” When I teach my course, I read a poem, “It’s just a Piece of Cloth.” There is a line, “It’s just a piece of cloth until we breathe life into it and give it meaning.” The meanings that many give to the US Colors are that it represents a nation and its people; the values of this nation as expressed by our forefathers in the Declaration of Independence, Constitution, and Bill of Rights; and those who stood for, defended, and in some cases given the ultimate sacrifice for those values. The second paragraph of the Declaration of Independence defines the unalienable rights of this nation’s citizens:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
The Constitution and the Bill of Rights go even further to address issues of due process and justice and representation, all grievances against King George the Founders cited in the Declaration of Independence. So, when we show respect for the flag, we acknowledge the values and ideals of Equality, Freedom, Life, Liberty, the Pursuit of Happiness, Justice, and Representation.
There is a long history of men and women who have stood for and defended those ideals beginning with the patriots of the American Revolution. Col. Barfoot certainly is member of that honored group. Members of our Armed Services give an oath to “Support and defend the Constitution against all enemies, foreign and domestic.” But, there are others who need to be included in this honored group including Susan B. Anthony, defender of women’s rights; Jackie Robinson, who silently endured the racial taunts of fans and players and pacifically demonstrated he had the skills and deserved to play in the major leagues; Rosa Parks, who refused to go to the back of the bus because she was black; Martin Luther King, Jr., the advocate for civil rights; and the men and women of the NYPD, FDNY, Port Authority, and the passengers and crew of UA Flight 93, who were the first responders in the war on terrorism. By showing respect for the US Colors we are honoring those who have given their devotion to the principles represented by the Flag of the United States.
Once I’ve covered the reasons for honoring the flag, I show a video of the Cubs/Dodgers game at Dodger Stadium in the 70’s. This is the game where two fans went into the outfield and started pouring a flammable fluid on a US Flag. Cubs’ outfielder, Rick Monday, ran across the field and snagged the flag. I point out I applaud Rick Monday for what he did. He obviously held the same values. On the other hand, I ask the class what they thought the flag represented to two young fans. I suggest they possibly felt the Flag represented the U.S. government and its policies at the time and they were making a statement against those policies. The distinction I make is the values I associate with the Flag are enduring and timeless; whereas, the two fans saw the flag as representing a government and it’s policies that change over time. Here’s the catch. Read the First Amendment to the Constitution in the Bill of Rights.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The basic right of freedom of speech and expression are guaranteed by the First Amendment. If I truly value the freedoms represented by the US Flag, then I would be a hypocrite if I denied those two young fans their right to freedom of speech and expression. If I value those freedoms then I have to show tolerance for those with whom I disagree. The same tolerance others should show those who decide to display and show respect for our Colors.
Given all the reasons why we should honor our national standard; the people of this nation, the ideals, and those who stood for those ideals; how can any organization make rules that deny any citizen from displaying the colors in a manner suitable?
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