Tuesday, March 31, 2009

On Flags and Homeowner Associations

Thanks to Peter for sending me this story about a conflict between a patriotic homeowner who wants to display a flag (on a lighted flag pole in front of his house) and a homeowners' association that wants a more discreet display, and is fining the homeowner $25 a day for each day he refuses to remove the flag pole.

We can talk it over in both 2301 and 2302. Is there a right to display a flag that cannot be denied by a governing institution? If so, what right is that? Do police powers preclude that right? How is this dispute best resolved? Assuming there is a resolution.