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Former Marine Denied Right to Fly Flag: Is That Right?

SodaHead News 2011/01/14 16:00:00
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We always thought in Texas bigger was better. But we guess not when it comes to flagpoles used to fly the American flag.

That's what former Marine Mike Merola of Cypress, Texas, has found out. His homeowner's association has filed a complaint against Merola after he refused to take down a 20-foot flagpole that he has in his backyard, according to ABC News. The association says its rules limit pole heights to six feet and only poles attached to residents' homes.

"Because I served this country for eight years, I feel every American citizen who has served and others who want to honor those who paid the ultimate price should be able to fly the American flag," Merola told ABC News. "I have had nothing but compliments on this. The HOA is the only ones that have a problem with it."

Merola said the rules only apply to flagpoles in front yards and that it is a violation of the Freedom to Display the American Flag Act of 2005, which bans many restrictions of flying a flag.

But the homeowners' association states that the act allows it to regulate the time, manner and display of the flag.

Merola's neighbors have signed petitions in support of the former Marine, saying that the flagpole can't be seen by others and should be left alone.
display flag merolas neighbors signed petitions support marine flagpole nbsp

Read More: http://abcnews.go.com/Business/marine-mike-merola-...

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Top Opinion

  • DiViews2013 2011/01/14 18:02:18
    Yes
    DiViews2013
    +19
    When you live in a subdivision, there are rules that you agree to live by. This is a matter he should have pursued through the homeowner's association prior to taking it to the streets.

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  • Bill PBUTTER... 2011/01/15 12:34:48
  • PBUTTER... Bill 2011/01/15 17:39:40
    PBUTTERBOY77
    I have no idea what the homosexual left wing democrats have to do with this. But if that's you opinion, well so be it. Thanks
  • ibow2no1 2011/01/15 07:57:39
    No
    ibow2no1
    I lived in One HOA controlled area and i will tell you now that these people are freaking nuts.
    There was nothing in my rules pack that stated that the HOA had the right to tell me what colors i could paint the INSIDE of my house. One day one of the association members showed up at my door and said that i had to repaint my bedroom because the color offended her.
    I said "what f#@& are you doing looking in my bedroom window?"
    I then told her to go f#@& herself, and i put the place up for sale the very next day.
    I will never live in a place like that again.
    It's my f#@&ing; bedroom, I'll paint it any f#@&ing; color i want.
    To hell with these too bit dictatorial HOAs
  • marie ibow2no1 2011/01/15 14:33:30
    marie
    +1
    Yeah, the HOA in a nearby neighborhood has to have police at their meetings because of this kind of stuff. They are nut jobs. Have you ever watched the movie "Over the Hedge?" It's a cute animated movie. Anyway one of the main human characters is a president of a homeowner's association and they nail her personality good. It's for this very reaon we won't buy in an HOA neighborhood. I say take it to court - he'll win.
  • theiceman ibow2no1 2011/01/15 14:52:00
    theiceman
    +2
    in ny they told me I had to have 4" house numbers on a white background (I had house numbers that high on a hand painted plaque with flags on both ends under an eagle) I immediately complied with their order and picked up a boat toilet and put the numbers on the raised seat lid, with the note under that read "further correspondence from hoa goes here" they suddenly forgot which house was mine
  • Bob 2011/01/15 07:44:44 (edited)
    No
    Bob
    +3
    The law cites that the association can enforce any "any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest." Merola has signatures from neighbors stating that it doesn't bother them and is not visible,.. so subsequently, the substantial interest requirement under the law is nullified.. since it is their interest (property values) which would be effected.
  • theiceman Bob 2011/01/15 14:54:24
    theiceman
    +1
    appraisers do not have a value guide for flag poles and I have never seen it mentioned in comps or listings
  • Bob theiceman 2011/01/16 12:00:16
    Bob
    what would a value guides, or being mentioned in comp value or mls listings have to do with this? This comes to a question regarding citizens rights vs associations "perceived" notions of what increases, decreases, or absolutely devalues properties.
  • Thelastvickfan 2011/01/15 07:40:53
    No
    Thelastvickfan
    +3
    The man risked his life for our country and he should be able to fly a flag!!
  • Jai Allen Thelast... 2011/01/15 13:02:33
    Jai Allen
    +1
    NO MAN is above the laws of the United States of America and the states and municipalities within it that makes them.
  • Bob Jai Allen 2011/01/16 11:55:33
    Bob
    +1
    Are you saying that this man is attempting to oporate above the law?
  • 2140482 Bob 2011/01/18 13:34:51
    2140482
    +1
    what jai does not understand for whatever reason this is not about the law of the land, it is about a rule inside a community which has HOA. A bill has been bought to congress in Texas and will be voted on next month as to the law in Texas the size of the pole. Congress passed the law of the land in 05 that anyone can fly a flag as long as it is respectful but never addessed the size of the pole. We flag a American fly on a 20 ft pole and it is very respectful and good nice. Any law past will override the HOA ruling.
  • CrabMan 2011/01/15 07:28:01
    No
    CrabMan
    +2
    He new the rule's when he bought the house. Now he need's to live within those rule's or sale the house and move to where the rule's suit him.....HOA are well within their right's as I see it.
    I'm a retired Marine myself......Rule's are there for a reson of all people he should know that.
  • PBUTTER... CrabMan 2011/01/15 08:36:54
  • CrabMan PBUTTER... 2011/01/22 11:39:10
  • PBUTTER... CrabMan 2011/01/22 15:57:41 (edited)
  • CrabMan PBUTTER... 2011/01/29 13:47:28
    CrabMan
    THE MONEY
  • PBUTTER... CrabMan 2011/01/29 15:41:35
    PBUTTERBOY77
    THAT FIGURES
  • The Gov... CrabMan 2011/01/23 04:40:13
    The Govenor
    You should practice your spelling and puncuation.
  • CrabMan The Gov... 2011/01/29 13:54:26
    CrabMan
    hEY" the gov." cAN yOU sPELL kISS mY aSS, and make it a love story????
  • The Gov... CrabMan 2011/01/29 14:38:25
    The Govenor
    +1
    Bend over and kiss your own ass because nobody else will.
  • CrabMan The Gov... 2011/02/05 21:31:29
    CrabMan
    Maybe you and P-Butter CAN GET TOGETHER and kiss each other's ass's.
    Sounds like your one in the same... A couple of she-he's
  • The Gov... CrabMan 2011/02/05 21:49:29
    The Govenor
    Still fixated with those ass's. I asked you before but did not get an answer. Are you sure you are not a closet fag? I think you need a little retraining there soldier. Here is the school I came from.

    You're a 19 year old kid.

    You're critically wounded and dying in
    the jungle somewhere in the Central Highlands of Viet Nam .

    It's November 11, 1967.
    LZ (landing zone) X-ray.

    Your unit is outnumbered 8-1 and the enemy fire is so intense from 100 yards away, that your CO (commanding officer) has ordered the MedEvac helicopters to stop coming in.

    You're lying there, listening to the enemy machine guns and you know you're not getting out.

    Your family is half way around the world, 12,000 miles away, and you'll never see them again.

    As the world starts to fade in and out, you know this is the day.

    Then - over the machine gun noise - you faintly hear that sound of a helicopter.

    You look up to see a Huey coming in. But.. It doesn't seem real because no MedEvac markings are on it.

    Captain Ed Freeman is coming in for you.

    He's not MedEvac so it's not his job, but he heard the radio call and decided he's flying his Huey down into the machine gun fire anyway.

    Even after the MedEvacs were ordered not to come. He's coming anyway.

    And he drops it in and sits there in...























    Still fixated with those ass's. I asked you before but did not get an answer. Are you sure you are not a closet fag? I think you need a little retraining there soldier. Here is the school I came from.

    You're a 19 year old kid.

    You're critically wounded and dying in
    the jungle somewhere in the Central Highlands of Viet Nam .

    It's November 11, 1967.
    LZ (landing zone) X-ray.

    Your unit is outnumbered 8-1 and the enemy fire is so intense from 100 yards away, that your CO (commanding officer) has ordered the MedEvac helicopters to stop coming in.

    You're lying there, listening to the enemy machine guns and you know you're not getting out.

    Your family is half way around the world, 12,000 miles away, and you'll never see them again.

    As the world starts to fade in and out, you know this is the day.

    Then - over the machine gun noise - you faintly hear that sound of a helicopter.

    You look up to see a Huey coming in. But.. It doesn't seem real because no MedEvac markings are on it.

    Captain Ed Freeman is coming in for you.

    He's not MedEvac so it's not his job, but he heard the radio call and decided he's flying his Huey down into the machine gun fire anyway.

    Even after the MedEvacs were ordered not to come. He's coming anyway.

    And he drops it in and sits there in the machine gun fire, as they load 3 of you at a time on board.

    Then he flies you up and out through the gunfire to the doctors and nurses and safety.

    And, he kept coming back!! 13 more times!!
    Until all the wounded were out. No one knew until the mission was over that the Captain had been hit 4 times in the legs and left arm.

    He took 29 of you and your buddies out that day. Some would not have made it without the Captain and his Huey.

    Medal of Honor Recipient, Captain Ed Freeman, United States Air Force, died last Wednesday at the age of 70, in Boise , Idaho

    May God Bless and Rest His Soul.

    I bet you didn't hear about this hero's passing, but we've sure seen a whole bunch about Lindsay Lohan, Tiger Woods and the bickering of congress over Health Reform.

    Medal of Honor Winner Captain Ed Freeman

    Shame on the American media !!!

    Now... YOU pass this along to YOUR
    mailing list. Honor this real American.

    Please. Thanks.

    Semper Fi!!!!!
    (more)
  • CrabMan The Gov... 2011/02/07 09:32:37
  • The Gov... CrabMan 2011/02/05 22:08:48
    The Govenor
    Here is another one for you. Shut up and listen and you might learn something. Marines don't roll over and die for anybody or anything.

    On June 15, 1919, Van T. Barfoot was born in Edinburg -- probably didn't make much news back then.

    Twenty-five years later, on May 23, 1944, near Carano , Italy , Van T. Barfoot, who had enlisted in the Army in 1940, set out to flank German machine gun positions from which fire was coming down on his fellow soldiers. He advanced through a minefield, took out three enemy machine gun positions and returned with 17 prisoners of war.


    If that wasn't enough for a day's work, he later took on and destroyed three
    German tanks sent to retake the machine gun positions.


    That probably didn't make much news either, given the scope of the war, but it
    did earn Van T. Barfoot, who retired as a colonel after also serving in Korea and
    Vietnam , a Congressional Medal of Honor.


    What did make news last week was a neighborhood association's quibble with
    how the 90-year-old veteran chose to fly the American flag outside his suburban
    Virginia home. Seems the rules said a flag could be flown on a house-mounted
    bracket, but, for decorum, items such as Barfoot's 21-foot flagpole were
    unsuitable.


    He had been denied a permit for the pole, erected it...






















    Here is another one for you. Shut up and listen and you might learn something. Marines don't roll over and die for anybody or anything.

    On June 15, 1919, Van T. Barfoot was born in Edinburg -- probably didn't make much news back then.

    Twenty-five years later, on May 23, 1944, near Carano , Italy , Van T. Barfoot, who had enlisted in the Army in 1940, set out to flank German machine gun positions from which fire was coming down on his fellow soldiers. He advanced through a minefield, took out three enemy machine gun positions and returned with 17 prisoners of war.


    If that wasn't enough for a day's work, he later took on and destroyed three
    German tanks sent to retake the machine gun positions.


    That probably didn't make much news either, given the scope of the war, but it
    did earn Van T. Barfoot, who retired as a colonel after also serving in Korea and
    Vietnam , a Congressional Medal of Honor.


    What did make news last week was a neighborhood association's quibble with
    how the 90-year-old veteran chose to fly the American flag outside his suburban
    Virginia home. Seems the rules said a flag could be flown on a house-mounted
    bracket, but, for decorum, items such as Barfoot's 21-foot flagpole were
    unsuitable.


    He had been denied a permit for the pole, erected it anyway and was facing court
    action if he didn't take it down. Since the story made national TV, the
    neighborhood association has rethought its position and agreed to indulge this
    old hero who dwells among them.



    "In the time I have left I plan to continue to fly the American flag without
    interference," Barfoot told The Associated Press.

    As well he should.

    And if any of his neighbors still takes a notion to contest him, they might want to
    read his Medal of Honor citation. It indicates he's not real good at backing down.

    Van T. Barfoot's Medal of Honor citation:

    This 1944 Medal of Honor citation, listed with the National Medal of Honor
    Society, is for Second Lieutenant Van T. Barfoot, 157th Infantry, 45th Infantry:

    "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 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 point blank fire are a perpetual inspiration to his fellow soldiers."
    (more)
  • Bill CrabMan 2011/01/15 12:35:52
  • Bob CrabMan 2011/01/18 17:46:45
    Bob
    Not always the truth that the "rules" were inplace when home was bought! Many HOA's attempt to cover themselves with broad language which they then rewrite as time passes to be more specific as situations arise. Additionally, I have seen HOAs that modify their rules to meet the desires of the boards whenever the boards or personalities change. That is an even greater problem because they weren't the rules when folks bought!!!
  • CrabMan Bob 2011/01/22 11:50:36
    CrabMan
    +1
    Man! Looks like PBUTTER is all over the place with his big mouth. He's like most Big Mouth people knows everything, or just eoungh to get his ass in trouble.....My reply to you Bob , is he can take it up with the HOA, members, if there's eoungh of them, they canover turn, the ruling on flag Poll's. Most know the rule's when they buy a home about type of Flag polls, mail box's trucks parked in the drive way, boat's and etc. Flag Poll's in the fornt yard, with American Flag's flying from then, why? It's our Nations Flag, "RIGHT"
  • The Gov... CrabMan 2011/01/23 04:41:07
    The Govenor
    There are NO rules when it comes to "Old Glory" !!
  • The Gov... CrabMan 2011/01/23 04:43:41
    The Govenor
    Why did you answer "NO" but reply with a "YES" answer? You better practice up on that reading.
  • CrabMan The Gov... 2011/01/29 13:54:54
    CrabMan
    Read this dummy up your's
  • The Gov... CrabMan 2011/01/29 14:40:18
    The Govenor
    It appears you have some fixations with ass's. Are you a latent homosexual?
  • CrabMan The Gov... 2011/02/07 09:49:53 (edited)
    CrabMan
    VietNam," IF" You were there, which in my opinion AIN'T NO WAY You were in the Rear with Gear, AND YOU WHERE MOST LIKELY THE ONLY CAMP PUFFER THEY HAD!
    Most of you buddies said, he's better then nothng, till we get back to The World.
    That's about the way it was, wasn't it..Go on you tell us, Right???? How's that for, spelling and puncuation????
  • Zuggi 2011/01/15 07:19:32
    Undecided
    Zuggi
    +2
    Texas once told me that my flagpole was too big and I had to put it back in my pants.
  • PBUTTER... Zuggi 2011/01/15 08:38:17 (edited)
    PBUTTERBOY77
    +1
    lol lol now your 8 feet tall on a pogo stick
  • herb 2011/01/15 07:10:42
    Yes
    herb
    +4
    It is important to note that the HOA isn't denying his right to fly the Stars and Stripes, but that the pole he flies it on exceeds the ordinances of the community in which he voluntarily lives.
  • PBUTTER... herb 2011/01/15 08:40:27
    PBUTTERBOY77
    +1
    YEA it should be higher
  • herb PBUTTER... 2011/01/15 09:12:00
    herb
    +1
    Well, he'll have to take it up with his HOA in the proscribed manner, or else he can move.
  • Bill herb 2011/01/15 12:38:37
  • Jai Allen Bill 2011/01/15 13:04:43
    Jai Allen
    +2
    You're one of the rare people that's going to end up getting banned from Sodahead for your insults , threats and intimidating others. The Marines taught their people respect for the law , and discipline , It seems you didn't learn a thing. You're the type that either gets killed on the battlefield or gets others killed with their false bravado.

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