OT - Flying Old Glory

[kimwcook]

I got this in an email and have to share it. People of this country have it so easy they tend to forget who they owe this way of life to. The pictures didn't transfer, but you get the idea.

Remember the Guy that Wouldn't take the Flag down in his yard?

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."


If you got this email and didn't pass it on - guess what -
you deserve to get your butt kicked! I sent this to you,
because I didn't want to get MY butt kicked.
WE LIVE IN THE LAND OF THE FREE, ONLY BECAUSE OF THE BRAVE!

[COSteve]

It's strange in my neighborhood too. I'm known as the 'guy with the guns' who everyone will come to if things get tough and I'm the only one who flies the American Flag year round. I guess it's something you learn serving in the military and actually fighting for your country as I'm the only veteran on my entire block.

Fifteen years ago, our HOA sent me a letter stating that it would be better to fly the flag only on holidays. I responded with a registered letter to our HOA with a copy to the County District Attorney's Office, the Colorado State Attorney General's Office, the Governor, and the U.S. Attorney's Office stating that any further mention of limiting my right to fly the American Flag would be met with an immediate state and federal lawsuit along with a complete information package sent to ABC, NBC, CBS, etc.

The State Attorney General's Office sent our HOA a letter, with a copy to me, indicating that they would strongly consider pursuing my complaint should I deem it necessary to initiate one. The Governor's Office sent a letter to our HOA, with a copy to me, questioning their reasons for their statements.

I haven't heard a single word from them since.

[kimwcook]

Good for you, Steve.

[COSteve]

Good for you, Steve.

Thanks, I've found over the years that 'both barrels' is a way to get bureaucrat's attention. I guess it's the old tanker in me, overwhelming force is a powerful deterrent.

[Mike D.]

Our flag has been flying 24/7 since 2001. No silly HOAs here, the 'hood is over 90 yrs old.

[Pisgah]

As much as I feel anyone should be able to fly a flag in his front yard, I need to point something out. When this gentleman purchased his house, he signed his HOA's covenants -- if he hadn't, he wouldn't have been able to buy the house. Now, to have a clause like this in any contract is, IMO, stupid -- as are many other common HOA covenants -- but it is a legal contract, and this gentleman is in violation of it. Besides, they are not saying he can't fly it -- only how it can be displayed. Should he be excused from making his car payments because he is an otherwise upstanding citizen and a certified hero, despite the fact he signed a contract saying he would? I think not.

It's not a matter of First Amendment rights. The First Amendment prohibits the government from prior restraint of free speech, which flying the flag could certainly be interpreted as being. But there is no restriction on the limiting of such displays under a private contract between individuals, which this scenario is.

The Bill of Rights also forbids government agents from searching your property or person without a warrant except in certain very limited circumstances -- but if you sign an employment contract with a company that asserts the right of the company's agents to search you, your vehicle, and your briefcase or lunchbox on their premises at any time without a warrant, you are screwed.

[COSteve]

As a past president of a HOA in California, I'm well aware of the covenants and restrictions one signs up to when buying into an HOA and what those responsibilities entail. I'm also aware of the fiduciary responsibilities and legal obligations that many HOA's regularly violate.

That said, there was no issue with other homeowners flying banners with a 'cute' flower or some such thing to mark the season. No, this was aimed specifically at the fact that I flew the American Flag. I was told later 'off the record' that some residents who were green card guests had mentioned something to the board which prompted the letter.

[mouthpiece]

[quote="Pisgah"]. . . clause like this in any contract is, IMO, stupid -- as are many other common HOA covenants -- but it is a legal contract, QUOTE

-1.

You can't contract away your constitutional rights in order to buy a house, apartment or condo.

My HOA says I can't sell to "persons of color, or those of the Jewish or Catholic faiths.

Illegal, offensive, UNAMERICAN & unenforceable in any court in the land.

[Pisgah]

. . . clause like this in any contract is, IMO, stupid -- as are many other common HOA covenants -- but it is a legal contract, QUOTE

-1.

You can't contract away your constitutional rights in order to buy a house, apartment or condo.

My HOA says I can't sell to "persons of color, or those of the Jewish or Catholic faiths.

Illegal, offensive, UNAMERICAN & unenforceable in any court in the land.

Your example has been specifically outlawed via legislation. Such covenants used to be common, and quite legal.

The same cannot be said about covenants involving erecting a flagpole in your front yard.

I am not saying I agree with such restrictions -- merely that, in the absence of any law against them, they are legaslly valid until legislated against or ruled unconstitutional.

[mouthpiece]

Disagree.

Such convenants were not "legislated'" illegal retroactively. Legislation, which was unneccesary after court decisions, only forbade future such covenants. Legislation was just legislators' PC reaction to then recent court actions.

Constitional rights can't be contracted away under any circumstances anywhere in USA. It would be against public policy and would undermine our American way of life.

These principles are first month law school stuff & ain't got jack to do with leverguns. :>)

[JerryB]

My AMERICAN FLAG has flown 24/365 since 1985 when my son graduated high school and joined the Marines with no apologies to any one.

[Paul Jenkins]

Gentlemen,
This obligation and duty to fly the Flag has long been a frustation fo me. On one hand I want to fly the flag 24/7/365. I am not entirely sure of the proper, respectful way to do it. It is my understanding that if the flag is flown 24/7/365, it should allways be illuminated. I see many fly it 24/7365 but not illuminated at night. I always considered this wrong and disrespectful???
Can any of you supply the official way to display OLD GLORY??? I would print it and pass to all in my neighborhood

[Ter]

Gentlemen,
This obligation and duty to fly the Flag has long been a frustation fo me. On one hand I want to fly the flag 24/7/365. I am not entirely sure of the proper, respectful way to do it. It is my understanding that if the flag is flown 24/7/365, it should allways be illuminated. I see many fly it 24/7365 but not illuminated at night. I always considered this wrong and disrespectful???
Can any of you supply the official way to display OLD GLORY??? I would print it and pass to all in my neighborhood

You are correct about the illumination.

http://www.ushistory.org/betsy/flagcode.htm

[Sixgun]

e gads! We got lawyers on the board?? Just fly the flag and send individuals a chunk a lead who try to make you do otherwise. This should not even be debatable------------Sixgun

[Mike D.]

. . . clause like this in any contract is, IMO, stupid -- as are many other common HOA covenants -- but it is a legal contract, QUOTE

-1.

You can't contract away your constitutional rights in order to buy a house, apartment or condo.

My HOA says I can't sell to "persons of color, or those of the Jewish or Catholic faiths.

Illegal, offensive, UNAMERICAN & unenforceable in any court in the land.

What??! You can't be serious. There is NO WAY that kind of stuff would fly in this day and age. The original charter when the homes where we live was written it excluded any non-caucasians. That was in 1916, when such was the norm, but not in the 21st Century.

[Paul Jenkins]

Gentlemen,
This obligation and duty to fly the Flag has long been a frustation fo me. On one hand I want to fly the flag 24/7/365. I am not entirely sure of the proper, respectful way to do it. It is my understanding that if the flag is flown 24/7/365, it should allways be illuminated. I see many fly it 24/7365 but not illuminated at night. I always considered this wrong and disrespectful???
Can any of you supply the official way to display OLD GLORY??? I would print it and pass to all in my neighborhood

You are correct about the illumination.

http://www.ushistory.org/betsy/flagcode.htm

Thank you Ter. I have the greatest respect for our OLD GLORY. Your observence of the rules for the proper display will be observed by me. While I hold dear others interest in paying respect. I want to respect our flag in the higheast dignity and properly. In this case, if you can't do it right, don't do anything. I'm not a lawyer!! JUST WANT TO SEE IT DONE RIGHT

[Ter]

Your welcome, Paul
From display to proper folding, Ive been a stickler to proper flag etiquette since my youth.

[Ysabel Kid]

Though I asked for the HOA convenants for weeks prior to closing on our current home, and actually before making an offer on the home, I only got them and had to sign them at the close. I decided then and there that these may contain provisions I simply would not follow. Just to be on the safe side, I joined the ARC for our community and was promptly elected as the chairman - a role I have held now for 5 years. Everyone likes the job I'm doing, and I can keep the busy bodies out of everyone's hair, so it is a win-win.

Fortunately, they had no such restrictions on flying the flag. I have done so, 24/7, since I owned my first home in 1989 - long before 9/11. I was glad to see the colors flying at so many homes afterwards, but sad to see a lot of folks have stopped. How soon we forget.

Good for you Steve. I have used the same tactic in other situations. Hit them hard and fast with an overwhelming, disproportional response. It seldom fails.

[AJMD429]

Constitional rights can't be contracted away under any circumstances anywhere in USA. It would be against public policy and would undermine our American way of life.

Yeah, but lots of "no guns allowed" hospitals, churches, dormitories, and apartments seem to defy that fact, unfortunately...

[Griff]

I have seldom flown a flag. I always have one around... actually two... one is a new one that I intended to put up when I set up a flag pole in my front yard... but haven't got around to it yet.

The other is a flag that flew over our ship for our 48 days of gunline action in VN... it is ragged from constant use, and slight stained from smoke, and a few holes from shrapnel. It is folded and in a display case with my PH from the same action. It is probably against the rules, as it should have been disposed of... but it reminds me constantly of the small bit I did. My wife has asked to fly it on Veterans Day... and I always have to remind her that it's not proper to fly a damaged flag. One of my pet peeves.

I say good on the Colonel... and you too Steve.

[Gobblerforge]

I display mine 365, 24-7. It is made of weather resistant material and is under cover. I know I fracture the rule about a 24 hour a day light but I figure, if need be, the rockets red glare will do the job.
Gobbler

[COSteve]

While mine's hanging from a std angled flag pole on my porch, it's lit by a light on each side that come on automatically every night. I buy them from a flag store, 6 at a time, and when they fray or fade, they are taken down, burned with honor and replaced with a new one. Like Griff, I fought under our flag and I refuse to allow anyone to disrespect it.

[OJ]

Flies 24/7 all seasons

When I bought this house 36 years ago there was a fairly large HOA - which existed in name only - best kind to have. My next door neighbor was a Jarhead when on active duty, the one across the street a retired Lt Col - USA Artillery, and diagonally across the intersection - Lt Col -USAF Ret (Oldest son AFA grad Col, USAF Ret, next Son USNA grad Lt Col USAF.

No problems here - We're all in total agreement

[win38-55]

Our flag has been flying 24/7 since 2001. No silly HOAs here, the 'hood is over 90 yrs old.

I hear you there, ever since 9/11 the Flag has been flying at my house.
The only time it comes down is when it gets really windy outside.

[RIHMFIRE]

JUST GO AHEAD AND TOUCH MY FLAG....
I DARE YOU!

[tman]

When you buy into a HOAs, you pretty much sign away your individual rights and freedoms.It's all spelled out in the buyer's agreement. It's the price you pay for the choice you make.

[RIHMFIRE]

I believe the was a supreme court decision saying it was unconstitutional
to deny anyone from flying the American Flag...but i can not recall where i heard that...