Monday, August 30, 2010
News Canton homeowner allowed to keep flying his American flag
Posted by Alexandria Jud on Mon, Aug 30, 2010 at 1:50 PM
After a costly legal dispute that's lasted nearly a year and a half, a Canton resident has won the right to fly the American flag outside of his home.
- Frank Towery
The BridgeMill Homeowners' Association ordered Ron Tripodo to take down the 16-foot tall flagpole displayed in the front lawn of his Cherokee County home, calling the structure an "obstruction" that violated the neighborhood's written guidelines. When he refused, the homeowners' association sued Tripodo for $25 each day the flag flew. The fees now total $32,000.
But a judge ruled in Tripodo's favor last Wednesday, deciding, to the HOA's dismay, that the Freedom to Display the American Flag Act enacted by Congress in 2006 supersedes subdivision rules. The Act prohibits real estate management organizations like this one from restricting homeowners from displaying the U.S. flag on their property.
Following his long-awaited victory, Tripodo said he's glad he didn't back down: "I wish I didn't have to go through all this aggravation, but I was going to defend this flag all the way."
Of course, the homeowners' association isn't too happy about losing some of its power. The attorney for the neighborhood board, Karen Socia, said the group is "very disappointed" with the judge's decision and may even appeal.
Socia insisted that the board is not opposed to displays of patriotism... as long as these displays are deemed appropriate by the group.
"We completely support flying the American flag," Socia said. "But the neighborhood has approved a certain way that it can be displayed. He (Tripodo) did not want to comply."
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