Marine who served in Iraq ticketed for flying American flag

KRMG via WPXI ^ | Posted: 4:35 p.m. Friday, March 29, 2013 | Rick Couri

[rightwingintelligentsia]

Gregory Schaffer said after his tour of duty in the Marines he wanted to go home and fly a flag in his yard.

But a complaint from an anonymous neighbor got Schaffer in some hot water.

Schaffer got a citation from the city of Hypoluxo, Florida that said he needed a building permit to put up the flagpole.

The Marine told a TV station “it’s sad. It’s sad that we have to go through that just to fly a flag.”

Schaffer added “It’s disgusting that anybody should have to go through that. I fought for the flag, now I’m paying for the flag,” Because Schaffer rents the house he would have to pay a contractor nearly $1,000 to put in a flagpole.

[Opinionated Blowhard]

This was handled the wrong way by the city and they should cut this guy a break but if you need a permit to put up a flag poll, then you need to get the permit.

[G Larry]

Send the city a copy of your DD-214 and tell them:

“THIS is my ‘building permit’!”
“What have YOU done to earn your Freedom?”

[Westbrook]

> “What have YOU done to earn your Freedom?”

The bureaucrats are too busy taking away your freedom. They have no time to fight for it.

[knarf]

This is MY building permit, let me see YOUR legislation permit.

[rhoda_penmark]

Ignoring local regulations and then crying “persecution just because I am patriotic” is really no different than what the liberal whiners do.

Ignorance of the law is no excuse.

[luvbach1]

His neighbor is a “Progressive.” Just a guess.

[kingu]

...building permits for flag poles.. Blegh, I can even vaguely understand the reason why there’d be a requirement, if it wasn’t anchored correctly, you’re sticking a missile in your front yard come the next hurricane.

[grobdriver]

Because Schaffer rents the house he would have to pay a contractor nearly $1,000 to put in a flagpole.

Gotta be more to this story.

What, he wanted to fly a flag on the house and the city said he had to install a flag pole?
He had already put up a flagpole and failed to get a permit for it?
Sucky reporting (by the station) when one is left with questions - and the source had nothing more.

[FlingWingFlyer]

A “building permit” to put up a flagpole. ROTFLMAO!!! What do you need if you want to put a shed in your backyard? A grazing permit? What a bunch of low tier public servant buffoons.

[OKRA2012]

The city is simply trying to protect itself from a Equal Protection violation.

If they let the Marine put up an American flag without a permit, they could not stop a Mexican or Iranian put of a their nation’s flag.

[longtermmemmory]

florida has a specific US flag display exemption law. It depends on the length of the flagpole etc.: 720.304 Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.— (1) All common areas and recreational facilities serving any homeowners’ association shall be available to parcel owners in the homeowners’ association served thereby and their invited guests for the use intended for such common areas and recreational facilities. The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities. No entity or entities shall unreasonably restrict any parcel owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common areas and recreational facilities. (2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association. (b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents. (c) This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel. (3) Any owner prevented from exercising rights guaranteed by subsection (1) or subsection (2) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners’ association document or rule that operates to deprive the owner of such rights.

[longtermmemmory]

florida has a specific US flag display exemption law. It depends on the length of the flagpole etc.:


720.304 Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.—
(1) All common areas and recreational facilities serving any homeowners’ association shall be available to parcel owners in the homeowners’ association served thereby and their invited guests for the use intended for such common areas and recreational facilities. The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities. No entity or entities shall unreasonably restrict any parcel owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common areas and recreational facilities.

(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

(c) This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel.

(3) Any owner prevented from exercising rights guaranteed by subsection (1) or subsection (2) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners’ association document or rule that operates to deprive the owner of such rights.....

====snip====

[longtermmemmory]

florida law has specific statewide laws on this.

[envisio]

A permit.

This is why I do not live in the city.

A permit. To dig a hole and stick a pole in it, you must have a permit.

...and the do-goody neighbor is nosey and needs to tend to his own business.

[Opinionated Blowhard]

If they let the Marine put up an American flag without a permit, they could not stop a Mexican or Iranian put of a their nation’s flag.

I have a friend who paid a fortune for a house right on the beach. A rich Wall Street trader bought the land next to my friend's house and built his own house. Apparently the trader was Italian and proud of it because he installed eight large flag polls around the house and flew Italian flags from each one of them. I thought about teasing my friend about it the last time I went to his beach house but my friend is so horrified that I don't think he'd take the teasing well.

[stuartcr]

This isn’t about the flag, it’s about the flagpole