You know where I really want to put this 20 ft. pole?
I pasted this from the The Atlanta Journal-Constitution website.
The flag's OK but the pole's not
By Kevin Duffy
The Atlanta Journal-Constitution
Published on: 10/27/06
Americans love the flag, but few show their love as passionately as Roy Johnson of Newnan.
Little flags hang from the rearview mirror of his car and decorate displays in his living room. The Stars and Stripes adorns Johnson's mailbox and a sleeve on his T-shirt. The almost new Harley-Davidson Ultra Classic parked in his garage carries a full-size flag.
"I've got flags everywhere," boasts the 37-year-old truck driver.
Including one on a 20-foot pole a few steps from the front door of his home in a Coweta County subdivision.
And that's the problem.
The flagpole violates the subdivision's policy on exterior structures —- and must come down.
"It's kind of a cut-and-dry case," said Stephen A. Winter, an attorney for the Avery Park Community Association. "The association said, 'No, we don't allow flagpoles.'"
The association has threatened to fine Johnson $25 a day, hire someone to take down the flagpole or sue him.
"It's sad that someone trying to be patriotic is going through this situation," said Avery Park resident Jeff Carroll, the commander of the local VFW post.
Located on the north side of Newnan, Avery Park is one of the largest subdivisions in Coweta County, with 406 homes and 154 more to come. Johnson, his wife, Angela, and his 6-year-old stepson Payton moved into their new, three-bedroom home in December.
Their decorating motif is Old Glory and Harley-Davidson: framed Harley puzzles, Harley replicas from the Franklin Mint, a Harley clock.
Johnson has never served in the military, but a folded flag in a display case above the fireplace was presented to his wife's family after the death of her grandfather, a World War II veteran.
"I love eagles," Johnson said, showing an eagle tattoo on his arm and describing another one he can't show. "Eagles and the American flag. Freedom. That's the symbol of America."
Johnson put up the pole June 13, the day before Flag Day, and he insists he didn't need the community association's permission.
"You can't deny me putting up an American flag," he said. "That's my First Amendment right. That's my freedom of speech."
Johnson cited The Freedom to Display the American Flag Act of 2005, which President Bush signed into law in July. It states homeowner associations can't outlaw flag displays but can impose "any reasonable restriction pertaining to the time, place or manner" of display.
But Johnson argues that Avery Park's covenants aren't reasonable and are too loosely written to reasonably outlaw flagpoles.
Residents in the subdivision can display flags on small poles attached to houses and on mailboxes, but the 20-foot pole, Winter said, is a bit much.
"We can't give one guy an exception because he thinks he's more patriotic than everybody else," he said. "If he's such a patriot, I don't know why he wouldn't know about the law. Sometimes people are stubborn."
This is far from the first time patriotism has run afoul of local zoning ordinances.
Two years ago, Fayetteville ordered a business owner to remove his 90-square-foot "God Bless America" banner hanging from his furniture store.
Last year, a 9-year-old generated national attention when neighbors in her Duluth subdivision complained after she painted a huge flag on her neighborhood cul-de-sac.
And in Florida, a homeowners association tried to foreclose on a house owned by a retired Marine who owed $21,000 in fines after refusing to remove his flagpole.
That one was only 12 feet high.
Johnson, though, is ready to defend his flagpole.
"If I have to go to the Supreme Court, that's where it's going," he said. "Because I'm not backing down. And I'm not taking down that flag."
The flag's OK but the pole's not
By Kevin Duffy
The Atlanta Journal-Constitution
Published on: 10/27/06
Americans love the flag, but few show their love as passionately as Roy Johnson of Newnan.
Little flags hang from the rearview mirror of his car and decorate displays in his living room. The Stars and Stripes adorns Johnson's mailbox and a sleeve on his T-shirt. The almost new Harley-Davidson Ultra Classic parked in his garage carries a full-size flag.
"I've got flags everywhere," boasts the 37-year-old truck driver.
Including one on a 20-foot pole a few steps from the front door of his home in a Coweta County subdivision.
And that's the problem.
The flagpole violates the subdivision's policy on exterior structures —- and must come down.
"It's kind of a cut-and-dry case," said Stephen A. Winter, an attorney for the Avery Park Community Association. "The association said, 'No, we don't allow flagpoles.'"
The association has threatened to fine Johnson $25 a day, hire someone to take down the flagpole or sue him.
"It's sad that someone trying to be patriotic is going through this situation," said Avery Park resident Jeff Carroll, the commander of the local VFW post.
Located on the north side of Newnan, Avery Park is one of the largest subdivisions in Coweta County, with 406 homes and 154 more to come. Johnson, his wife, Angela, and his 6-year-old stepson Payton moved into their new, three-bedroom home in December.
Their decorating motif is Old Glory and Harley-Davidson: framed Harley puzzles, Harley replicas from the Franklin Mint, a Harley clock.
Johnson has never served in the military, but a folded flag in a display case above the fireplace was presented to his wife's family after the death of her grandfather, a World War II veteran.
"I love eagles," Johnson said, showing an eagle tattoo on his arm and describing another one he can't show. "Eagles and the American flag. Freedom. That's the symbol of America."
Johnson put up the pole June 13, the day before Flag Day, and he insists he didn't need the community association's permission.
"You can't deny me putting up an American flag," he said. "That's my First Amendment right. That's my freedom of speech."
Johnson cited The Freedom to Display the American Flag Act of 2005, which President Bush signed into law in July. It states homeowner associations can't outlaw flag displays but can impose "any reasonable restriction pertaining to the time, place or manner" of display.
But Johnson argues that Avery Park's covenants aren't reasonable and are too loosely written to reasonably outlaw flagpoles.
Residents in the subdivision can display flags on small poles attached to houses and on mailboxes, but the 20-foot pole, Winter said, is a bit much.
"We can't give one guy an exception because he thinks he's more patriotic than everybody else," he said. "If he's such a patriot, I don't know why he wouldn't know about the law. Sometimes people are stubborn."
This is far from the first time patriotism has run afoul of local zoning ordinances.
Two years ago, Fayetteville ordered a business owner to remove his 90-square-foot "God Bless America" banner hanging from his furniture store.
Last year, a 9-year-old generated national attention when neighbors in her Duluth subdivision complained after she painted a huge flag on her neighborhood cul-de-sac.
And in Florida, a homeowners association tried to foreclose on a house owned by a retired Marine who owed $21,000 in fines after refusing to remove his flagpole.
That one was only 12 feet high.
Johnson, though, is ready to defend his flagpole.
"If I have to go to the Supreme Court, that's where it's going," he said. "Because I'm not backing down. And I'm not taking down that flag."
This is why I don't live in a subvivision. I'll be damned if I'm paying two hundred thousand dollars for something just so someone can tell me what I can do with it. Friggin H.O.A. can go to hell. I wish this guy the best of luck. Unforunately, he'll probably get his butt kicked in court.
posted by Glenn at 5:21 PM
4 Comments:
My neighbor on my left parked/placed his boat in his side yard. On the grass. I'd come out my front door, and the first thing I'd see is this huge boat, on the grass, between our houses. My neighbor 3 houses down, and across the street, had a refrigerator(i shit you not) in his side yard.It's unfortunate that we sometimes need organizations to tell us what we can and cant do, and sometimes these organizations go over board. But when you have Beevus and Butthead move in next door, you're thankful for those organizations.
PS....i reported both neighbors. The refrigerator and boat have both been moved.
I can see the gripe about the fridge. No one want's their neighborhood to look like crap. But was the boat old or leaking or busted up? Seriously, how is a boat an eye sore as long as it is well maintianed? Not any worse than parking you car in the driveway. Isn't it his grass? Is the side of his house that much more attractive than his boat? I understand the purpose of HOAs. I just think they get carried away with their Nazi-like rules. The guy in the story din't erect a 600ft flagpole. It doesn't have a flag so big that it blots out the sun. I think they should be more democratic about things. Maybe have the community vote on issues like this instead of just blanket statements telling you what you can do with something you own.
The boat was beautiful. But their sideyard runs along my frontyard...so it looked and felt asthough I had this huge boat parked in my front yard. It wouldn't have bothered ne if they had the boat parked in their driveway, or in their backyard....I agree with you though, HOA's tend to go overboard.
the rules of the HOA are usually spelled out pretty clear so this guy is probably in the wrong. i do agree that HOA's are a pain in the ass but like you said, if you don't like them, you shouldn't buy a house that has one. too bad for him, they should move.
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