Fight over the American flag

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Updated: 3/02/2012 11:39 pm
JACKSONVILLE, Fla. -- A local man is fighting for his right to fly Old Glory at his Southside home.

But his Homeowners Association says he doesn't have that right. They've not only slapped him with a thousand dollars fine, but added penalties to make his life difficult. He can no longer use the clubhouse on the property, which he pays dues for every month.

Neighbors came out to support Larry Murphree in his fight to publicly display an American flag outside his home. Larry's Homeowners Association says it violates the rules. "He referred to it as an unauthorized object. That pushed me over the edge," said Murphree.

The HOA slapped him with a 1000 dollar fine. Larry says he's not going to pay it. "What they're doing is against state and federal law," said Murphree.

Friday, the HOA suspended Larry's privileges at the community center. Larry's attorney then warned the HOA, it'll be getting a federal lawsuit. "No HOA can take away the right to display the flag. It's a U.S. Flag," said attorney Gust Sarris.

We tried to talk with the HOA about the decision. We were told to leave.

Neighbors were still riled up about the decision. They all agree, it's an American flag displayed proudly to support our troops and veterans like Larry. 

"Got a son-in-law puts life on the line everyday and I can't display a flag?"

Larry isn't the only one with this problem. Several other neighbors say they've received the same threats from the HOA about American flags, even Christmas lights on their property. They just didn't fight it.

Neighbors are also taking up a legal fund to help with the costs. So far it's up to more than 200 dollars.

There is no court date yet for when that federal lawsuit will be heard.
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The views expressed here do not necessarily represent those of Action News Jacksonville

JohnAnonymous - 3/24/2012 12:59 PM
0 Votes
Judy32256 do you see the absurdity of your statement "putting a portable flag in a flower pot then became PERMANANT alteration of a common area". Nothing about a flower pot is PERMANANT so how can anything done with/to it be PERMANANT? Further, I looked under Fl. Statue and could not find the one stating personal views are grounds for overriding state or federal laws. So what you personally think of it is ,alas, just not a strong defense for the anti-flag regulation in this HOA.

kdqw2 - 3/21/2012 3:59 PM
1 Vote
tlynn: what you fail to realize is that it is against the federal law to say he cannot fly an american flag. HOA rule or not. It is against the law to do it. Depending on the state law, the HOA may be able to restrict how and where he flies it but not the display itself. You need to get a grip on reality. You live in America and the American Symbol is the American Flag

tlynn - 3/3/2012 6:59 PM
1 Vote
Didn't we see this same article some time back????? Are we rehashing old news???? If you want to live in a condo that has a HOA, then you are aware of the rules ahead of time! Hello!?!? What don't you understand about neighborhood regulations? Move on…Nothing new here!

nativejax - 3/3/2012 3:55 PM
1 Vote
What a bunch of hogwash, judy32256...The only 'COMMONALITY' that should COUNT in a COMMUNITY of any place in this country is that 'THE AMERICAN FLAG REPRESENTS FREEDOM'. Freedom TO FLY IT is the MOST IMPORTANT OF ALL..if you lose that right EVERY RIGHT YOU HAVE UNDER IT, IS GONE. Its the HOA's that are breaking the FEDERAL laws, they think they can DICTATE ABOVE THE FEDERAL LAWS. Who are you and the HOA's to say putting a flag in a flower pot is being disrespectful? Some people are so uppity full of manure money they don't give a rats behind who died last night for their snobbery stuck up, selfish, better than you attitudes. NO ONE could PAY me to live in those kinds of neighborhoods you described, especially if it means giving up my freedoms that are protected by FEDERAL laws, just to kiss their fat, red, greedy, patoots.

judy32256 - 3/3/2012 11:08 AM
1 Vote
Condo living and HOAs aren't for everyone, but among the "pros" are the security of having neighbors nearby, low maintenance, great amenities in many cases, and -- yes -- rules. But it's those rules that protect unit owners from their neighborhood becoming very different from what they bought into (a kind of "insurance policy" you might say). These aren't "foolish communities" but an example of "different strokes for different folks" -- just as some people prefer owning their home and others would rather rent. Pursuant to community rules, Mr. Murphree may fly his American flag on his limited common elements, but not on property owned in common ("common elements"). Also, Florida Condo Law specifies that residents may fly a "United States flag in a respectful way." In my personal opinion, sticking a flag in a flower pot and not illuminating it at night isn't respectful...and his became a permanent unapproved alteration of a common element.

RFM2009 - 3/3/2012 7:17 AM
2 Votes
HOA's (Home Owners Associations) are a social disaster when governed by the WRONG individuals such as social climbing snobs, egomaniacs and anal retentive control freaks. Sooner or later, as long as abuses of the Bill of Rights continue to surface, all HOA's will be regulated and neutered by law.

wishmistress - 3/2/2012 11:16 PM
2 Votes
Here we go again. When you live in a development with HOAs, you give up your rights! I would NEVER live in such a place, although some folks think it's the cat's meow. We are losing our rights enough as it is in this country. Don't support these foolish communities if you want to fly, hang, paint, breathe, etc.
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