Decorated War Vet, 90, Fights for the right to fly the flag

[Thunderscreech]

From: http://www.foxnews.com/story/0,2933,579147,00.html?mep

A veteran of three wars who was awarded the Congressional Medal of Honor is now facing an unlikely enemy — his neighbors.

Col. Van T. Barfoot, 90, has raised the Stars and Stripes every day at sunrise and lowered them every day at sunset since he served in the U.S. Army. But on Tuesday he received a letter from the law firm that represents his homeowners' association, ordering him to remove the flagpole from his Richmond, Va. yard by 5 p.m. on Friday or face "legal action."

SLIDESHOW: Medal of Honor Winner Col. Van Barfoot

The homoeowners' association at Sussex Square community told Barfoot that the freestanding, 21-foot flagpole that he put up in September violates the neighborhood's aesthetic guidelines.

Barfoot had sought permission to install the pole shortly after he moved into the community — a complex of townhouses where the grounds are community property — last June. The board denied his request in July.

But Barfoot and his family say there is no provision in Sussex Square's rules that forbids erecting flagpoles. And for Barfoot, that's a cause worth fighting for.

"There's never been a day in my life or a place I've lived in my life that you couldn't fly the American flag," Barfoot said in an interview with the Richmond Times-Dispatch.

In a statement released last night, the association sought to defend its position against a growing chorus of outrage.

"This is not about the American flag. This is about a flagpole," reads the statement from the association, which insists that Barfoot directly violated its board's July ruling.

"Col. Barfoot is free to display the American flag in conformity with the neighborhood rules and restrictions. We are hopeful that Col. Barfoot will comply."

The statement reminded the public that many American flags hang from homes in the Sussex Square community, and that the board members object only to Barfoot's freestanding flagpole.

But Barfoot says he has always flown the flag from a height: "Where I've been, fighting wars ... military installations, parades, everything else, the flag is vertical. And I've done it that way since I was in the Army," Barfoot told the paper.

Barfoot is one of the country's last living World War II veterans who received the Medal of Honor. He also served in the Korean War and the Vietnam War and earned a Purple Heart. In WWII, Barfoot showed his mettle in Carano, Italy, where he single-handedly destroyed a set of German machine gun nests, killed eight enemy soldiers, took 17 prisoners and stared down a tank before destroying it and killing its crew — all in a single day. Exhausted by his herculean efforts, he still managed to move two of his wounded men 1,700 yards to safety.

"Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers," reads the official citation for his Medal of Honor.

Barfoot's resolve is now once again being tested.

"I've flown the flag at my home as long as I can remember," said Barfoot, who lived in rural Amelia County before moving to suburban Richmond. "This is the first time in the last 36 years that I've been unable to put my flag up on the same pole, the same staff and take it down when it's time to come down.

"I don't have any qualms with [the board's] 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.

Neighbors largely have expressed their support, but he realizes that ultimately it's up to the nine-member association board whether to grant an exception to the rules.

"Emotional torture is what they've done to my father," said his daughter, Margaret Nicholls. "He has lost sleep, he worries about it constantly. He just doesn't understand. He thinks that if it's on his property they can't tell him what to do."

Thoughts, anyone?

[blendermassacre]

I think three things:

1) he signed up for the neighborhood association bs when he moved in
2) a lot of neighborhood associations are full of crap.
3) he doesn't have to live there. They didn't force him into some sort of housing.

[TrooperFarva]

Originally Posted by Thunderscreech

From: http://www.foxnews.com/story/0,2933,579147,00.html?mep

Thoughts, anyone?

The HOA representative put it pretty nicely right here

"This is not about the American flag. This is about a flagpole," reads the statement from the association, which insists that Barfoot directly violated its board's July ruling. "Col. Barfoot is free to display the American flag in conformity with the neighborhood rules and restrictions. We are hopeful that Col. Barfoot will comply."

He was told not to put up a flagpole, and he did anyway. So he can either take down the flagpole, or GTFO. The flag has nothing to do with it, the HOA said that he can fly a flag if he wants to, he's just not allowed to have the flag pole.

[NJL]

Originally Posted by blendermassacre

I think three things:

1) he signed up for the neighborhood association bs when he moved in
2) a lot of neighborhood associations are full of crap.
3) he doesn't have to live there. They didn't force him into some sort of housing.

unfortunately true

[Thunderscreech]

Originally Posted by TrooperFarva

The HOA representative put it pretty nicely right here

"This is not about the American flag. This is about a flagpole," reads the statement from the association, which insists that Barfoot directly violated its board's July ruling. "Col. Barfoot is free to display the American flag in conformity with the neighborhood rules and restrictions. We are hopeful that Col. Barfoot will comply."

He was told not to put up a flagpole, and he did anyway. So he can either take down the flagpole, or GTFO. The flag has nothing to do with it, the HOA said that he can fly a flag if he wants to, he's just not allowed to have the flag pole.

Not that I want to take sides here, but he is a 90 year old man, who is set in his ways, and it's just the flag on a flagpole, not gaudy crap in the yard.

My inner troll tells me that he should troll the HOA and refuse to take it down, and I'm on his side. if it was my grandfather, I'd do the same.

Originally Posted by blendermassacre

I think three things:

1) he signed up for the neighborhood association bs when he moved in
2) a lot of neighborhood associations are full of crap.
3) he doesn't have to live there. They didn't force him into some sort of housing.

Moving for a 90 year old man is kinda hard . I'm just saying, but the above is all true.

Could he "un-sign" up? Or could they have some heart for a 90 year old man who is set in his ways?

[Sherwood]

He will fight this, and he will win soundly. It will be extremely embarassing for the HOA to decide against him.

Every covenants agreement has clauses for amendment. There will be worlds of bad press if the board decides to side against this decorated war hero.

HOA agreements are ridiculous in the first place, and have in numerous circumstances been ruled unconstitutional as takings. The road that starts with fighting this man does not end well.

[WalterBush]

A) This is why I'll never live where there's a homeowner's association.

B) They're incredibly heartless, unpatriotic, disrespectful douchebags for even daring to ask this of a 90 year old Medal of Honor winning veteran. I want to personally punch every single person responsible for the legal action against him in the face.

C) It's because of that man's sacrifice and heroism that they can even have their freedoms and homes...I can't believe they'd rather stick to their precious rules than honor such an outstanding veteran in their neighborhood.

D) Having said all that, it's still their right to do what they're doing I just hope it bites them in the kibbies along the way.

[NJL]

Originally Posted by TrooperFarva

He was told not to put up a flagpole, and he did anyway. So he can either take down the flagpole, or GTFO. The flag has nothing to do with it, the HOA said that he can fly a flag if he wants to, he's just not allowed to have the flag pole.

do some research on specifics how the military addresses putting up flags.. it's very interesting. you can't just put up a flag on a tree or a chorizo plant, it's has to be put up certain ways.. a retired military patriot would more than likely follow these procedures, so not putting up a pole may not allow him to put up a flag.

very sticky situation.

HOA's are great and evil at the same time; a bittersweet saga..

EDIT: didn't realize that this news story was from fox LOL

[Thunderscreech]

Originally Posted by Sherwood

He will fight this, and he will win soundly. It will be extremely embarassing for the HOA to decide against him.

Every covenants agreement has clauses for amendment. There will be worlds of bad press if the board decides to side against this decorated war hero.

HOA agreements are ridiculous in the first place, and have in numerous circumstances been ruled unconstitutional as takings. The road that starts with fighting this man does not end well.

Also, HOA's often try to scare people with this tactic of lawsuits. If the other person has heavier artillery, they back down. it's all a front.

[TrooperFarva]

Originally Posted by Thunderscreech

Not that I want to take sides here, but he is a 90 year old man, who is set in his ways, and it's just the flag on a flagpole, not gaudy crap in the yard.

My inner troll tells me that he should troll the HOA and refuse to take it down, and I'm on his side. if it was my grandfather, I'd do the same.



Moving for a 90 year old man is kinda hard . I'm just saying, but the above is all true.

Could he "un-sign" up? Or could they have some heart for a 90 year old man who is set in his ways?

It would be more understandable if he just put the flagpole up, and was then told he couldn't have it. But he asked if he could put it up, they told him no, and he put it up anyway. That puts him squarely in the 'Jackass' category, as far as I'm concerned.

[Jerose]

Barfoot is one of the country's last living World War II veterans who received the Medal of Honor. He also served in the Korean War and the Vietnam War and earned a Purple Heart. In WWII, Barfoot showed his mettle in Carano, Italy, where he single-handedly destroyed a set of German machine gun nests, killed eight enemy soldiers, took 17 prisoners and stared down a tank before destroying it and killing its crew — all in a single day. Exhausted by his herculean efforts, he still managed to move two of his wounded men 1,700 yards to safety.

OH MY GOD. Stared down the tank before destroying it?! THIS GUY IS THE ULTIMATE BAD***!!!

[Thunderscreech]

Originally Posted by TrooperFarva

It would be more understandable if he just put the flagpole up, and was then told he couldn't have it. But he asked if he could put it up, they told him no, and he put it up anyway. That puts him squarely in the 'Jackass' category, as far as I'm concerned.

He asked in june, and they took until July to Deny it. with no answer back, he probably figured he do it anyway.

He's a 90 year old man...and look at all he has been through. He deserves a break.

[TrooperFarva]

Originally Posted by Thunderscreech

He asked in june, and they took until July to Deny it. with no answer back, he probably figured he do it anyway.

He's a 90 year old man...and look at all he has been through. He deserves a break.

He asked in June, they denied him in July, and then he put it up in September.

If he wanted to construct a flagpole, he should have moved to a neighborhood without a HOA.

[Thunderscreech]

Originally Posted by TrooperFarva

He asked in June, they denied him in July, and then he put it up in September.

If he wanted to construct a flagpole, he should have moved to a neighborhood without a HOA.

very true, yes.

[BurningSkies]

The dude was in the military.

He should be able to follow rules.

[TrooperFarva]

Originally Posted by Thunderscreech

very true, yes.

And what would you do in his place? (Just asking for the sake of asking, you see)

A fair question.

HOAs are known to be overly strict, especially when it comes to any form of outside construction. So if I knew I was interested in moving to a neighborhood with a HOA, and the house didn't already have a flagpole, I would have asked if I could construct one. If they said no, I wouldn't have moved there.

[Happynoj]

I am with the HOA. If you sign the agreement when you move in, you can't expect to be allowed to break the rules just because you have a medal.

And also I think he should put some shoes on...

[blendermassacre]

Originally Posted by Thunderscreech

Moving for a 90 year old man is kinda hard . I'm just saying, but the above is all true.

Could he "un-sign" up? Or could they have some heart for a 90 year old man who is set in his ways?

Honestly I'm not saying that it's right, I'm just saying that's how it is. The whole neighborhood association thing is a huge scam. If you live there, you have to pay dues and follow the rules, even if you don't want to be in the club. I.E. my neighborhood association dues are $300 A year, but we do have a pool and tennis courts and etc. However if you have a tree that dies or some sort of out of code anything, they're up your butt like lemmywinks (god rest his soul).

I think everyone WANTS to be on this old guy's side. It is total bs. However rules are rules, and sometimes old folks + keeping up with the times = a bad situation. It's hard for my 94 year old great grandmother to comprehend why things are the way they are now. Even if they make logical sense to her, they aren't always within the guidelines we have to follow.

[BurningSkies]

Originally Posted by Thunderscreech

Moving for a 90 year old man is kinda hard . I'm just saying, but the above is all true.

Could he "un-sign" up? Or could they have some heart for a 90 year old man who is set in his ways?

You've got it all wrong. FOX news wants us to believe that he faced down a tank then single handedly blew it up, wrecked several pillboxes with machine guns and then saved 97987 fellow soldiers, all with a bad case of trenchfoot and a hangnail. He's one tuff Mofo... he can take moving.

[IconBasser]

Originally Posted by blendermassacre

However if you have a tree that dies or some sort of out of code anything, they're up your butt like lemmywinks (god rest his soul).

lol! sigged.