Indiana Flag Fight

5431094_GFrom www.myfoxchicago.com

These flag disputes are common enough that they don’t usually deserve individual comment from Boise.  However, in this Indiana incident, the county prosecutor has gotten involved, and the press articulates the legal issue fairly well.  Other HOA boards should be aware of this interpretation and position:

“According to the board’s letter dated Oct. 18, the board takes the position that it has authority under the ‘time, place, or manner’ provision of the Freedom to Display the American Flag Act of 2005,” the letter reads. “In relying on ‘time, place, or manner,’ the board interprets its authority much too broadly.”

The Flag Act, Griffin wrote, actually prevents homeowners associations from enforcing most kinds of regulations regarding display of the American flag unless a “substantial interest” exists.

The picture shows a rather prominent flagpole on the lawn.  I’m sure the HOA was mostly concerned with the pole’s construction and location, not with the flying of Old Glory.  However, that probably won’t prevent the application of the Freedom to Display Act by the prosecutor.

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