Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Governor backs Jupiter flag flier fighting with homeowners association
The Jupiter Courier/Florida Sun-Sentinel ^ | 7/7/02 | Randall Murray

Posted on 06/07/2002 7:27:42 AM PDT by LarryLied

Edited on 09/03/2002 4:50:36 AM PDT by Jim Robinson. [history]

Palm Beach County's "flag man," who is facing foreclosure on his home for refusing to take down a U.S. flag, has a fan in Tallahassee.

George Andres, the former Marine who has been sued by his homeowners association over a 12-foot flagpole and American flag he erected in his yard, received some encouraging words this week from Florida Gov. Jeb Bush.

In a letter to Andres signed by Bush, the governor expressed support for Andres' ongoing legal dispute.


(Excerpt) Read more at sun-sentinel.com ...


TOPICS: Activism/Chapters; Breaking News; Government; US: Florida
KEYWORDS: georgeandres
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 141-153 next last
Posted this under "Breaking News" because more activist work needs to be done. Hope that is OK. This isn't over yet.
1 posted on 06/07/2002 7:27:42 AM PDT by LarryLied
[ Post Reply | Private Reply | View Replies]

To: LarryLied
In a letter to Andres signed by Bush, the governor expressed support for Andres' ongoing legal dispute.

Law of competing harms bump!!!

2 posted on 06/07/2002 7:31:14 AM PDT by lavaroise
[ Post Reply | Private Reply | To 1 | View Replies]

To: LarryLied
Big BUMP.

I say that if they try to forclose and kick him out of his home - that we force them to go through a couple hundred (or more) freepers first!

3 posted on 06/07/2002 7:35:23 AM PDT by phasma proeliator
[ Post Reply | Private Reply | To 1 | View Replies]

To: LarryLied
Silver said he plans to file motions in the near future to have the case against Andres dismissed because of the new law.

I would assume the motion will be granted. The HOA has no legal claim anymore, although I am usually not to keen of "retroactive" laws.

4 posted on 06/07/2002 7:37:29 AM PDT by FreeTally
[ Post Reply | Private Reply | To 1 | View Replies]

To: LarryLied
BTTT! :)
5 posted on 06/07/2002 7:48:28 AM PDT by summer
[ Post Reply | Private Reply | To 1 | View Replies]

To: LarryLied
"This is great," Andres, 64, said this week in response to the governor's three-paragraph letter. "He's really tried to help us."

BTTT! :)
6 posted on 06/07/2002 7:49:59 AM PDT by summer
[ Post Reply | Private Reply | To 1 | View Replies]

To: LarryLied
Silver said he plans to file motions in the near future to have the case against Andres dismissed because of the new law...

Yes, Barry, it's about time you filed those motions!!!!!!!!!!!
7 posted on 06/07/2002 7:53:39 AM PDT by summer
[ Post Reply | Private Reply | To 6 | View Replies]

To: LarryLied
"Members of the Legislature and I were shocked at the difficulties you confronted merely because you wished to fly a small United States flag in front of your home," Bush wrote. "In response, we crafted Senate Bill 148 to remedy these difficulties faced by you and other homeowners."

This shows that either somebody has been telling Bush a fib or Bush is being disengenuous. I would err in favor of Bush in this instance. Somebody told him it was a small flag. Furthermore any legislation that impairs the obligation of contracts (Senate Bill 148) is unconstitutional since it violates the specific prohibition in the constitution against such legislation in article 8 Section 10.

Furthermore, it isn't a "small" flag. I oppose these kinds of restrictions but he did volunteer to be subject to the homeowners association when he bought his house. He is obligated by contract to allow the homeowners association to dictate to him the terms of his property modifications.

One could argue that all of it, flag or no, violates his free speech rights. However, he signed a contract and two courts have ruled against him.

8 posted on 06/07/2002 8:01:07 AM PDT by Demidog
[ Post Reply | Private Reply | To 1 | View Replies]

To: LarryLied
Received from George's lawyer via email:

... If the Governor can pardon a murderer, why can't he issue a pardon for a veteran flying the flag?

C'mon counselor, you know better than that. This flag flap is a civil matter, and to compare it to a criminal case is the worst sort of apples-and-oranges hyperbole.

I like Jeb Bush in general, but he's dead wrong on this one. Ex post facto laws are a bad idea. The truculent homeowner may have every right to fly a US flag, but his "rights" don't trump the voluntary agreement he willingly signed to live in the neighborhood he lives in. The homeowner's association filed suit against the man for flouting their rules WHICH THE MAN AGREED TO WHEN HE MOVED INTO THE NEIGHBORHOOD, which they have a complete right to do.

Tempest in a teacup, this one. The guy should move out of the neighborhood and the HA should drop their legal action. Problem solved.

9 posted on 06/07/2002 8:11:09 AM PDT by strela
[ Post Reply | Private Reply | To 1 | View Replies]

To: strela
Ex post facto laws are a bad idea.

They're also unconstitutional. This one is doubly so since the states are forbidden to either write ex post facto laws or impair the "obligation of contracts." This guy is dead wrong. He could keep his house if he'd simply take down the flag and honor his obligations. I'm betting that if he attacked one of those small flags to his house he'd be allowed to do so.

10 posted on 06/07/2002 8:21:21 AM PDT by Demidog
[ Post Reply | Private Reply | To 9 | View Replies]

To: strela
I like Jeb Bush in general, but he's dead wrong on this one. Ex post facto laws are a bad idea. The truculent homeowner may have every right to fly a US flag, but his "rights" don't trump the voluntary agreement he willingly signed to live in the neighborhood he lives in. The homeowner's association filed suit against the man for flouting their rules WHICH THE MAN AGREED TO WHEN HE MOVED INTO THE NEIGHBORHOOD, which they have a complete right to do.

OK, but what if the board passed this rule after this guy had moved in to the neighborhood, thereby depriving him of his right to do as he wished on his property? Does he have a grievance then, because this is an unjust law? Or does the homeowner's association have the right to do this?

11 posted on 06/07/2002 8:23:44 AM PDT by Koblenz
[ Post Reply | Private Reply | To 9 | View Replies]

To: Koblenz
... what if the board passed this rule after this guy had moved in to the neighborhood, thereby depriving him of his right to do as he wished on his property?

Then there would be no "meeting of the minds" on the civil contract between him and the HA, and he would have a legitimate grievance in my opinion. Again, that would be a civil matter and would be up to a judge to decide. Jeb Bush trying to shoehorn his way into this matter is still flat wrong.

12 posted on 06/07/2002 8:26:52 AM PDT by strela
[ Post Reply | Private Reply | To 11 | View Replies]

To: LarryLied
I know it's off the topic, but on seeing the headline I wondered where in the heck the guy got the flag of Jupiter...
13 posted on 06/07/2002 8:29:17 AM PDT by Billthedrill
[ Post Reply | Private Reply | To 1 | View Replies]

To: Demidog
I would err in favor of Bush in this instance. Somebody told him it was a small flag.

It is a small flag. There are as large or larger flags in his neighborhood. The issue was, according to the HOA, how it was displayed, not the size of the flag. The flag is not obtrusive in any way.

This article was picked up from the Jupiter Courier by the Sun Sentinel. The Courier has photos, the Sentinel does not. Could someone post a picture of the flag and George on this thread? The Jupiter Courier changed their web site a while back and it freezes my browser.

14 posted on 06/07/2002 8:32:08 AM PDT by LarryLied
[ Post Reply | Private Reply | To 8 | View Replies]

To: Demidog
You're being logical to a group of people (the supporters of this 'flag flier') who believe they don't have to abide by the contracts they willingly sign. Your logic is wasted on them. They prefer to behave like two year olds who throw a temper tantrum because they don't get their own way.

These people like to call themselves 'conservatives' or 'libertarians' when in reality they are nothing more than the product of 50 years of liberal education and social engineering.

It's sad but their refusal to uphold the requirement to obey contracts they willingly sign is a clear representation of the degeneration of our society into a collection of emotionally retarded anarchists. It is their promulgation of "the rules apply to you but not to me" attitude that will result in the destruction of our society and our country.

The Founders assumed they would be leaving their country in the hands of adults. They were wrong.

15 posted on 06/07/2002 8:41:14 AM PDT by jimkress
[ Post Reply | Private Reply | To 8 | View Replies]

To: LarryLied
"Posted this under "Breaking News" because more activist work needs to be done..... This isn't over yet."

NP, and thanks for the update. You're right, it ISN'T over yet. This whole thing doesn't strike me as being about one veteran and his properly displayed flag...IMO, it's politics, pure and simple. It's about the 2000 presidential election, AND the 2002 gobinatorial election, and the HOA and it's pet judge will continue to flout Florida law until Florida law jumps on them with both feet...then the judge and HOA will pull the old "victim of patriotism run amok" routine.

16 posted on 06/07/2002 8:51:27 AM PDT by cake_crumb
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #17 Removed by Moderator

To: Demidog;jimkress
From what I understood from following this story is that he did go through the proper channels and got permission from the Homeowners Association to display the flag. The Association changed presidents and the new president decided to make him remove the flag that the Association had previously approved. This guy complied with the Association's own procedures and now the new Association is trying to retroactively change what the old president had done. It sounds like to me that the Association is on a power trip, like most Homeowners Associations.
18 posted on 06/07/2002 8:56:51 AM PDT by Rad_J
[ Post Reply | Private Reply | To 10 | View Replies]

To: LarryLied
"... . The bill is retroactive in effect to provide as much assistance for you and other homeowners facing similar difficulties as possible,"

can this cancel 2 court rulings?!

19 posted on 06/07/2002 9:00:21 AM PDT by 1234
[ Post Reply | Private Reply | To 1 | View Replies]

To: strela
"The homeowner's association filed suit against the man for flouting their rules WHICH THE MAN AGREED TO WHEN HE MOVED INTO THE NEIGHBORHOOD"

I heard there was no ban on flags when the man moved into the neighborhood in 1998, and that he is fighting because his original agreement has no flag prohibition.

20 posted on 06/07/2002 9:03:26 AM PDT by cake_crumb
[ Post Reply | Private Reply | To 9 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 141-153 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson