Flying U S flag upside down

The problem with a homeowner in the Denver metro area flying the U S flag upside down was discussed at a legal seminare I attended this week. The owner claimed "freedom of speech" and "distress over the war in Iraq" (flying the flag upside down is an international distress symbol). The HOA has a flag code policy which states the flag can only be flown in compliance with the federal flag code. Which side do you think prevailed?

The Board was on solid legal ground and the homeowner had a poor legal argument. So how could the homeowner win? The owner took their case to the news. It became a political issue rather than a legal issue and the Denver newpapers are controlled by liberals. Following is the rationale provided by the HOA when they backed down and chose not to enforce this violation.

"The Association has the discretion to decline taking enforcement action to achieve compliance with its governing documents and restrictions based on both the Business Judgment Rule and the Rule of Reasonableness.
The Hearing Board finds that it is informed in all aspects of this matter, and in good faith finds that the best interests of all the Association's members would not be served by pursuing enforcement under these specific circumstances. The financial and other resource costs to the Association outweigh any harmful impact this violation may have."

From the Federal Flag Code: "The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property." How could his "distress" over the war reasoning prevail?
This HOA board is chicken sh*t for backing down. They have their CC&Rs, and the Federal Flag Code on their side. This fellow does not have "extreme danger to life or property." I wonder if the media has ever read the flag code? Harold

I'd call the National Guard out to the house and tell them they are in "distress" help them! The HOA is a group of homeowners. It's NOT just one person. The HOA has to respect the group's opinion on how to pursue this matter and if it is worth everyone's money to pursue. I would say not.

It is disturbing to some people that the flag would be flown upside down. I agree. However, the flag is still being flown! Be it whatever political statement this person is trying to convey.

Unfornately, we do have laws that do allow the burning of the flag. It's protected under "free speech". So flying the flag upside down, dragging it on the ground, or making clothing out of it is protected. It's more or less "courtesy" that we follow the federal guidelines of displaying the flag.

We found out that it is required that if you fly the flag at night, you MUST have a light on it at all times. Otherwise, you must take the flag down every evening and put it up every morning. It can ONLY be flown at Half-staff when the PRESIDENT orders it done. The flage must be the flag ON TOP and other flags fly underneath it. (State, group, etc...). The flag must NOT have any holes or damage to be flown properly. You can find these rules on the internet about proper flag flying.

We had many retired military in our HOA. Believe me, I'd get phone calls and lectures about it if the flag was flown wrong. So I made sure that I knew the rules out of respect.

Jadedone4, the problem is that the flying of the flag the way they are doing it could (and probably does) fall into the area of "protected speech" and CC&Rs would take back seat.

This is exactly why we changed our SIGNAGE restriction to allow for political signs during election cycles. We have seen too many HOAs in our area try to enforce the CC&Rs about SIGNAGE on that particular issue and spend a lot of money only to lose in court on the "protected speech" thing.

If we left our restrictions unamended, we would be stuck between the proverbial rock and hard place. We would HAVE to pursue enforcement if we received a complaint (we are complaint-driven, not policing). This way, with the amendment allowing political signs now (and security system signs) we do not have to fall into that trap.

But you never know. We had someone in our city (not our subdivision) put up a "Support the troops" sign a few years ago and that HOA had a tight signage restriction, too. They (the HOA) took it to court and won. So, I guess it would be a gamble either way.

RogerB - Thank you for sharing this subject, very interesting. I concur with the HOA position, yet find it distasteful, especially with all the anti-American sentiment in the world, that anyone would disrespect the American flag. The owner is a bafoon and the HOA shouldn't waste anymore time on the subject matter.

Exactly as I said Roger - this board had no guts. The legal issues were completely on their side and their concern for spending member's money is false since the upside down flag homeowner would lose and probably be forced to pay all costs.
Their disclaimer that they had the discretion to determine enforcement is also baloney. That is selective enforcement pure and simple and will surely come back to haunt them some day. Harold

A smart board wouldn't polarize the community over a political issue and such a minor infraction for what seems to be a federal issue anyway. Call the FBI, lol. Not every fine or violation that goes unpaid or is contested has to be litigated. Thankfully cooler heads have prevailed.

Roger: Excuse me?! " You spin sounds similar to the Democrats rationale that President's Clinton's impeachment should not have happened since it was only related to sex. Not so, he was impeached because he committed purgery and obstruction of justice.
Big difference in both of these examples IMHO"

And you don't think the issue is "politicized"??!! Thank you for making it so.

What the flying freak does something that CLINTON was involved in almost 10 years ago have to do with this discussion?

Not to mention the fact that I have not heard any Democrats say such a thing, I've only heard right-wing extremist spin doctors SAY the Dems day that.

And before you jump my case on that, I'm a Republican. However, every one of my Democrat friends, and I have a boatload of them, at the time of the incident that stopped our entire nation had no problem with his being impeached for purgery and obstruction.

Why is that even a discussion today? What does that have to do with flying a flag upside down or protected speech?

Get over Clinton. I have. He's been gone for years. We've got enough problems with THIS administration to keep dragging up stuff from almost a decade ago that has no bearing on what we are facing today.