MOH Vet battles HOA for flag
Zedechek was the first to send us this link last night about a Medal of Honor recipient who is locked in a battle for the his right to fly an American flag in his front yard;
Col. Van T. Barfoot says he erected the 21-foot flagpole in September, raising the flag daily at sunrise and retiring it at sunset.
The Sussex Square homeowners’ association told him recently that the free-standing pole violates the townhouse neighborhood’s aesthetic guidelines and ordered him to remove it by 5 p.m. Friday or face a lawsuit.
“I don’t have any qualms with their authority, but the thing about it is that I cannot get enough conversation out of them where we can try to work out a solution,” Barfoot said Wednesday in a telephone interview.
A telephone message left for Alexandra D. Bowen, a lawyer representing the association, wasn’t immediately returned on Wednesday.
This is from Colonel Barfoot’s Medal of Honor citation;
With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) 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.
Imagine that in this country, after going through all that, he now has to fight a band of dickheads.
Tankerbabe sends us this link;
The Barfoot family is accepting donations from supporters but wants the money to go to the USO, the military service organization.
“We want the money to go the families of servicemen, not us,” said Margaret Nicholls, Col. Van T. Barfoot’s daughter.
Checks should be made out to the USO and sent to: Stand Tall for Colonel Barfoot, c/o The Hoople Group, 12105 Browning Court, Richmond, Va. 23233.
Category: Support the troops
My GOD,what is this country coming to…I just wrote my check and will drop it in the mail first thing in the morning…That this would ever be an issue is a shameful disgrace! When will we get our country back? DAMN!!!
You know Jonn, I’m a little torn by this. I understand the initial response of disgust. I had much the same. And the fact that he’s an MOH recipient, also makes it very difficult to bare. However, the HOA has come out and said that this isn’t against the flag, and this isn’t against his service. It’s simply in the rules that to live in this community, they must abide by rules that the rules that everyone has agreed upon. This isn’t just a random street and a random house, where the government won’t let him fly his fly. This isn’t a college that is trying to shut him down because the fear of offending others. This is a community that he voluntarily chose to live in, with rule that was written down before he erected his 21ft high poll, and he chose to clearly violate the rules he voluntarily agreed upon. They HOA has come out and said they aren’t against the flag, he can fly one off of his house on one of those you attach to the overhang of your roof, but this is a violation the HOA code, which the HOA members voted on, and residence who live under the HOA, have agreed to follow. Now, it would be nice if the HOA members got together and granted him an exemption, but that’s up to the HOA members prerogative. Not mine. I don’t pay the dues. And that’s the key to this whole issue. Every member of that neighborhood pays $$ to live under these rules, and it would be unfair to every single member of that community, to let such a blatant violation of the rules that others pay hard earned money for a specific way of life. I can rabble rabble and get disgusted all I want, but I don’t pay the dues. Those members do. So why violate everyone elses agreed upon rules and steal their money? If an exemption is to be made, it should be by the members, and not because of people like me are pissed. Being a recipient of… Read more »
USMC Chris, Is is specifically banned in his contract? aesthetic guidelines, is mostly liberal BS.
What does the contract say, specifically, in writing?
USMC Chris
The Commonwealth of Virginia is unfortunately (since around 1985) one of the states that affords ‘homeowner associations’ absolute power. This seems to draw libtard dhimwits to the boards.
When I first read the story I felt as you, that Col. Van Barfoot bought into that situation and could easily fly the flag from an ‘approved’ site in the front of his townhome.
Then I read this …” http://www.wtvr.com/news/wtvr-veteran-flagpole,0,2550197.story … The homeowner’s association doesn’t explicitly forbid flagpoles but they must be “aesthetically appropriate”. Short flags are allowed on porches, but Barfoot says that’s not the way he was raised to respect the flag. ”
Nothing is more aesthetically appropriate than our National Colors!!! The HA doesn’t ‘explicitly forbid flagpoles’ … the libtard dhimwitted board needs to consider very carefully if they would rather have a 21′ flagpole stuck up their puckered ego!!!
Just my opinion … Thank you Col. Van Barfoot for your very honorable service to our Country.
TD
Here’s a link with to a great video with the LTC raising his flag.
I understand about POAs and rules. But when it comes to OUR flag there should never be a rule against having it on a flag pole. PERIOD.
The problems as I see them are that the POAs continue to use rules that were written back when the douchebags and panty waistes weren’t running around OUR nation flapping their jaws AGAINST our nation and it’s symbols. I can see where the POAs would need rules to keep people from flying decorative flags and such but OUR flag? Are you kidding me? LTC Barfoot has a standard flag pole. He raises the flag every morning and lowers it each night.
Case closed!
American Legion is going to pay all legal fees as well.
http://legion.org/flag/3765/legion-supports-veteran%E2%80%99s-fight-flagpole
Thats awesome TSO. You need to get with that ghey that works on their blog and get him to get the word out as much as you do. Thank you for your service!
Just put that lawyer bitch on a bare back horse, with a rope around her neck over a tree branch. Problem solved.
I was in an HOA once. That board was duly notified that anything from them or the management outfit was to be considered trespassing and jail would result for all. These were single family detached homes, BTW. I simply informed all other parties that they would be charged with criminal trespassing. And if met with resistance, force would be applied. I consider most of my own countrymen to be useless anyway, so no big deal.
Funny, but I had to pay an HOA fee, myself when living in VA. And the “enforcers” drove around all day like they were Gods, writing people up for assanine infractions…like leaving the rolling trashcan out overnight…grass too tall…We circumvented the bullshit all the time because the process to seek approval for anything was just as long as an OJ trial, FFS.
I agree that our colors should have precedence over the HOA bs.
“But when it comes to OUR flag there should never be a rule against having it on a flag pole. PERIOD.”
I agree, tankerbabe.
“Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks”
Mark VI = Tiger Tanks… He tangled with the heaviest MBTs the Krauts could throw at our guys with an anemic 2.36in Bazooka, kind of like hucking slightly explosive golf balls at a few recently circumsized p.o.ed bull elephants. The HOA peckerwipes can *&&^%$#@ CENSORED themselves IMHO.
A little info on the armored behemoths Barfoot took on with his paint scratcher bazooka & some info on his rocket launcher:
Tiger I and King Tiger Stats:
“62.72 tons
Armor 25–120 mm (0.98–4.7 in)
King Tiger
(68.7 LT; 76.9 ST)
Armor 25–180 mm (1–7 in)”
“By April 1942, the US Ordnance Department, had developed the 2.36-inch “bazooka,” which fired a 3.4lb rocket with a shaped-charge warhead to a range of 400 yards.”
“The weapon’s M6 rocket warhead was capable of penetrating roughly 4.5 inches (112 mm) of armor plate.” Note, The armor tested was NOT sloped at an angle or modified in any way.
Again, the HOA can go pound sand…
I’ve said from the first time I heard of an HOA that they were communist and this just adds fuel to my fire. They’re the most ridiculous, elitist bunch of BS I’ve ever heard. I have never and WILL never live in an HOA environment and the bastards that run them should be ashamed of themselves. This is the United States of America. If I pay for my land, it’s MY land. Don’t tread on me.
Maybe they should consider reading that citation in order to get a clearer picture of with whom they’re screwing.
That’s just straight unreal. I thank God for men like him.
Wow. I guess some vets come home and their greatest reward is modestly rejoining the society they helped to defend, quietly satisfied in the knowledge and honor of their service, not drawing attention to themselves or needing special treatment. I put my late dad, a WWII vet with an impressive service record, in that category. Their unobtrusive contributions to civil society honor this country more than a thousand flags. Others seem to feel they are special and should be allowed to break the very rules they fought to defend. It’s not as if there are a shortage of American flags, or places to legally fly American flags. I am reminded of George Orwell’s “Animal Farm” – all animals are equal, but some animals are more equal”. Did he read the fine print before he decided to live there? HOA’s are a microcosm of democracy, and the residents voted. I live in a community with an HOA, and I would never dream of asking for special treatment. Talk about a sense of entitlement!
I remember a similar situation in Henrico from years ago, and occurrences like this make me realize why I decided to stay in the Army instead of moving back to the Richmond area. When I finally found myself in a situation to buy a house one of my main stipulations was that the house not be in a HOA community as the very thought of having others dictate what I can and can’t do with my “private” property disgusts me.
There is a video where he shares his feelings here: http://www2.timesdispatch.com/rtd/news/local/article/POLEGAT02_20091202-091201/309031/
At 1:24 it shows his medal display and talks of him serving not only in WWII but also Korea and Vietnam. The video mentions his Purple Heart with three OLC and the display clearly shows a Silver Star and what looks like two devices on his Bronze Star.
It is a sad day when an elderly hero who risked all for his country is denied the right to display and honor his flag. As one of the Chaplains I used to work with in Arlington National Cemetery would say to the families during funeral ceremonies, “All his life he honored the flag, today the flag honors him.” A powerful statement, to say the least. Colonel Barfoot is trying to render honors to the flag while he can, and no half-ass association should be permitted to stop him.
Joey, you escaped from mom’s basement yet again? Which part of “The homeowner’s association doesn’t explicitly forbid flagpoles but they must be “aesthetically appropriate”, didn’t you get the first time through the posts on this? As far as having a legal leg to stand on, “aesthetically appropriate” is a long way down the ladder. It’s ambiguous, vague and subject to so many interpretations that you’d need a program daily to figure out what would be “aesthetically appropriate”.
Maybe a court somewhere will interpret aesthetics to be whatever the homeowner does on his own property. Meanwhile, keep swinging, and missing.
Joe…It is a fine and wonderful thing if you desire to live in your own little communist microcosim…enjoy yourself…for me,My own property is mine to do with as I will…not to have an “association” dictate what I do with my property…and before you jump…I know about the laws,ect…no homemade nuclear power plants,no toxic waste dumps,ect…I know how to be a good steward of my land…so kindly take your own pathetic opinions and leave them with your own HOA to deal with…PS…stop being such a pompus dick and go play in traffic…thanking you in advance…
Hate to burst your bubble, AHF, but in America virtually all private property is subject to some kind of rules and regs supported by centuries of real estate law, and if you buy in a neighborhood with an HOA, you implicitly agree to abide by those rules. That means you’d have to take those old broken washing machines off your front porch and get rid of that car up on blocks. If you neglect to read the covenants before you buy, don’t start whining. Don’t want to abide by the covenants? Don’t buy there. Simple concept, even for you. Want a a plot of land free of government interference? Get some beach front property in Somalia, a libertarian’s dream. No government, no rules! On your planet, how many medals do you have to have before you’re entitled to break the law? Do yo need a MOH, will merely a Purple Heart do, or just an honorable discharge?
Dunno who deserves the credit for this. Sent to me today by a friend from a comment somewhere about the Colonel’s situation.
“Because you see, Colonel Barfoot’s neighbors could burn 100 American flags in their driveway every day and it would be protected as free speech as defined by the United States Supreme Court. But put that same American flag on a flagpole and honor and respect that flag with proper care and observance of the flag code and you could have that flag removed by court order due to homeowner’s association rules. Or if you rent, your apartment manager could force you to remove the flag or face eviction.
Burn a flag, it’s free speech. Fly the flag and pay the price. What a country. “
Joey, Joey, still waiting on the “The homeowner’s association doesn’t explicitly forbid flagpoles but they must be “aesthetically appropriate”, reply. Is it above your pay grade? MMM MMM MMM? Or, are you desperately Googling something to find out what “aesthetically” really means?
UpNorth,
I’m not gonna wade through scores of pages in his HOA covenants to figure out what they consider aesthetically pleasing – my covenants are 50-70 pages long, and I don’t need to deal with his too. The point is, by some kind of democratic process, they as a community have decided big flags in front yards are not what they want in their neighborhood. He agreed implicitly to abide by that decision when he bought. I’m sure there are other neighborhoods where a 20′ flag pole would be just fine. But just because the people on your block expect you to be a good neighbor, and don’t want their property values to drop doesn’t make them anti-american or communist as another contributor suggested. And for the life of me, I cannot see any relationship at all between his war record, however commendable, and his right to break the rules established thru a democratic process. If he wants, he can start a campaign to amend the rules, and if he gets enough votes, good on him! Maybe they’d be OK with a smaller flag hung somewhere else. Maybe they’d be OK with it on certain holidays. I don’t know. Personally I love an American flag in the right context, but come on, let’s have a little commonsense here!
I think Joe is a gigantic bag of douche, and the way he makes his point reminds me of my asshole when I take a shot of milk of magnesia, and the diarrhea will not cease, and the toilet bowl is splattered with what my anus literally threw up over and over. a total lack of class. the colonel did nothing wrong, and did what he felt was right.
however, i’m gonnna have to concede that i agree with his main point. as much as I personally find the American flag “aesthetically appealing”, it’s not my community, and i don’t have a say. since the term is vague enough for interpretation, it falls on what the HOA will define as “aesthetically appealing”. by voluntarily joining the HOA, he is subject to their rules. if the Colonel, God bless him, doesn’t like it, he can move out.
however, i’m also of the opinion that the Colonel shouldn’t just give up, and he should fight the HOA and force them to call a special meeting or vote to determine whether or not the community as a whole, will allow or exempt him from this rule. Yet, once the vote is in, and his community has spoken, then it seems to me that he should either abide by their rules, or move. to me, there doesn’t seem to be any 1st amendment violations or legal issues that apply here since he volunteered to live under that HOA.
I am willing to bet it’s going to be a moot point. The HOA will cave. It’s already pushed back the deadline by a week. The HOA has forgotten the parable “What does it matter if the rock hits the glass, or the glass hits the rock? Either way it’s going to be bad for the glass.” They can give up now, or get shattered.
Oh… and just an aside to Joe. Yes, the MOH DOES earn a person extra consideration. MOH recipients do not salute, they RETURN salutes by the highest ranking persons in the Military. There is NO HIGHER HONOR in this country.
And the only place in CONUS that I can imagine a well cared for 21 foot flagpole flying a U.S. Flag in good repair would lower property values is Berkley, CA. That’s OK, cause the Govenator says it’s going to be covered in water soon anyway.
Joe, if anyone has earned a Tiger tank pivot steer on their carcass, it’s you, but don’t worry, ballsy warriors like Barfoot have ensured that will never happen. Asshelmet.
“Lower property values” lol Joey. Like Ray said, the only place that would happen is Berkley, and I don’t think the Colonel lives there.
Which context do you “love an American flag” in? On a flag pole?
You still refuse to see the ambiguity of their rules, because that’s what you hitched your wagon to. “Aesthetically pleasing” is so vague as to be unenforceable. Unfortunately, insead of applying some common sense, the HOA backed themselves into a lose-lose situation. All they had to do, was declare the American flag, and the flag pole “aesthetically pleasing”.
USMC Chris,
If you are even monitoring this thread anymore, point taken. SInce my first post on this website, the reply’s to me have been laced with profanity, filled with references to body parts and bodily functions, and have even contained veiled threats. One contributor in particular seems to have it out for me. I have on occasion responded in kind. But you’re right – in the future I will try to keep my posts respectful and cordial. I apologize.
Joe…quick question…why does an outstanding left wing,liberal,choose to live in such an elitist nieghborhood…do you have a problem with living with the unwashed masses…is it a do as I say,not what I do,kind of thing…sure you are not a closet capitalist? just askin…do the poor people give you hives?
It’s a condo complex, cross section of society. College students, young families with kids, retirees, singles…
In response to Joe’s December 4th, 2009 at 6:42 pm post.
Joe, you brought the scorn of your fellow bloggers on yourself by insinuating that the Col. brought national attention to himself. He didn’t call the press, his daughter did. Your dad would have been as outraged at this as any other vet.
You dad, like the rest of us who have served, swore an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same;”. The flag is the banner that represents The People that we serve, It accompanies us in battle, it is draped over us in death, it is lowered to half staff to honor those who have paid the ultimate price, and to morn those who have served.
HOA’s and their rules be damned. They smack of tyranny and tyranny in any form should not be tollerated. What ever happened to “Life, Liberty and the Pursuit of Happiness?” In what way do “aesthetics” trump individual liberty? I will tell you… they do not.
“Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.” –Thomas Jefferson to Isaac H. Tiffany, 1819.