WWII vet fights homeowners group over Va. flagpole

[Omaha Steve]

Source: Omaha World Herald-AP

By ZINIE CHEN SAMPSON

RICHMOND, Va. (AP) - One of the nation's oldest Medal of Honor winners was back in the fight Thursday, this time against a neighborhood association that wants him to take down a front-yard flagpole.

Supporters, including a U.S. senator, have been falling in behind 90-year-old retired Army Col. Van T. Barfoot, a World War II veteran awarded the lofty Congressional honor for actions including standing up to three German tanks with a bazooka and stopping their advance.

Barfoot put up the 21-foot flagpole in September in front of his suburban Richmond home. He raises the American flag daily at sunrise and retires it at sunset.

"It's really ridiculous to want to keep the flag from being flown," he said in a telephone interview. "I've heard some terrible excuses out there."


Read more: http://www.omaha.com/article/20091203/AP09/312039901/-1/news03

[jberryhill]

1. Good Golly.....

The guy can build a minaret on his house if he wants to.

If he wants a flagpole, let him have a flagpole.

[virgogal]

2. If you buy into a community like that you have to follow the by-laws.I

I live in one. I don't always like the rules but I abide by them.

I chose to live here and I'm sure Mr Barfoot chose to live where he lives. He should have read the rules.

[emilyg]

5. Same here.

[jberryhill]

24. He's a Medal of Honor winner...

Jiminy Christmas let the man have a flagpole.

I'll tell you something about contracts.

If you and I sign a contract that says "I'll do X and you'll do Y" do you know what that means in reality?

It means that we have a choice in situations where I don't do X and you don't do Y.

If you do Z instead of Y, I can be a prick and haul you into court for breach. Or it means that I can say, "You know, bud, Z is good enough".

I write a lot of contracts for people who make deals in a particular industry. On those occasions when I am engaged jointly by two parties who want to reduce their agreement to writing, I'm surprised when I hear back months later from them saying, "Hey, we decided that we'd rather do something other than what is in the contract, can we do that?" as if they were slaves to the piece of paper.

The HOA can let this guy have a flagpole, and the gates of Hell will not open up and swallow the earth.

What a contract *IS* is a document of last resort... the bare minimum requirements to which two parties default when they can't budge an inch with each other.

Just because two parties enter into a contract does not mean they have some sort of holy obligation to do what is there in black and white, as long as they can work something out.

This guy earned his flagpole, and he can have his flagpole. The HOA can amend the rules fairly and neutrally for everyone in the neighborhood simply by inserting "unless you are a Medal of Honor recipient and want a freaking flagpole."

Problem solved. Contracts can be amended, alternative performance can be accepted, all sorts of things can be done if people want to behave like humans instead of slaves to words on paper.

[unabelladonna]

25. same here

n/t

[baldguy]

28. Common sense should override ignorant nit-picky by-laws.

A Medal-of-Honor winner should be able to put a flag pole in his yard and fly the flag.

[mrbarber]

3. The man is 90 years old. We don't know how long he's lived in that house.

The "neighborhood association" (aka rich, bored white folks with nothing better to do than harass their neighbors) might be a new thing.

[emilyg]

6. So you think only rich, white people

live in condos that have homeowners association?

[quaker bill]

11. a Neighborhood association

cannot form after you own your home and then impose restrictions on how you use your property, nor can they compel you to become a member. Such restrictions must be on the property before you buy it, or you must "consent and joint" in writing to the restrictions before they have any effect. Not only that, but if you have a mortgage, the lender has to sign off as well.

This is a very small slice of what I do for a living.

BTW, not all association members are caucasian, wealthy, and bored. I have certainly run into some that would fit the description. Regardless of race, gender, socioeconomic status, or relative state of boredom, one thing they do seem to largely hold in common is a deeply held desire to control their neighbor's actions. Associations are in general an experiment in tiny, very local, conservative-libertarian government, gone horribly wrong. They stand as proof that the concept of decentralization of government power to make it "closer to the people" has very sharp limits, beyond which it becomes actively destructive to any sense of community.

[gratuitous]

23. Thanks for one informed opinion

I worked with HOAs and AUOs one law firm ago, and the amount of disinformation floating around out there is nothing less than breathtaking. After looking through a few dozen sets of organizing documents and getting familiar with all the state laws regulating and governing these outfits, I decided for myself that I'd never get into a property subject to them. However, for people who like these associations, they provide several good points: Neighborhood stability; uniform look; participatory neighbors in the area; and a mechanism for dealing with and resolving disputes short of calling the cops or filing lawsuits.

The flagpole should come down, and Mr. Barfoot knows it. He's trying to bluster his way out of following the rules by wrapping it in ersatz patriotism. If he really respected the flag, he'd follow the rules.

[imdjh]

4. I'm with the HOA on this one, because I have seen what people will do. Decorators are popping up....

.... everywhere. Sure, nice old man wants his American flag in front of his Virginia home. The guy next door flies his Virginia flag. The one next to him flies the Confederate Battle flag and we're off and running. The POW guy flies that flag, and the hippie around the corner puts up a peace sign, and some jackass flies a Mexican flag just to piss everyone else off while Earth Mother runs seasonal banners. Christmas decorations that don't come down until Easter and Halloween decorations that go up on Memorial Day. Chaos.

[bluedigger]

7. The horror.

[imdjh]

8. commie

[bluedigger]

15. Awesome.

:rofl:

[twitomy]

9. Oh the humanity!

Next thing you know, the glass globed lawn ornaments will show up...

Whatever happend to private property rights? Fuckin HOA nazis....

If they started that bullshit with me I'd make a planter out of a used toilet and put it on the

front lawn, as I am sure planters are fine...

[Renew Deal]

10. Yes, God forbid people express themselves on their own property.

Mind your own business.

[rfranklin]

12. You sign a contract agreeing to the rules, no one forces you to sign...

What is so difficult to understand about that?

[Renew Deal]

16. Where does it say he signed a contract?

Homeowners associations are self appointed cartels for those with too little to do. Sometimes they are useful when there is a real injustice, but these intrusions on freedom are the norm.

[Regret My New Name]

30. I think it's probably a given he agreed to be part of that HOA stuff...

I don't think they can force themselves on people...

[jberryhill]

36. And what is difficult to understand about this....

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=4170235&mesg_id=4170439

[lynne]

20. My next door neighbor has a huge nazi flag -

- on his living room wall that is visible to any and every one that drives by his house as he purposely has it in front of the picture window. Several of my neighbor's use Christmas lights as year round deck and tree decoration, lends a really nice ambiance for summer BBQ's. And there was even a purple house about half a block down.

No HOA, Thank God, or I would have never moved here. We're all neighbors but we're not into each others business and don't try to control each others opinions or lives. Live and let live. Too bad more won't try it.

Cookie Cutter Neighborhoods = :puke: BORING! Of course, that's just my opinion. ;-)

[Blue_Tires]

13. i stopped reading at that part about stopping 3 tanks with a bazooka

i am NOT bullshittin': Col. Barfoot deserves to do whatever the hell he wants...end of dispute

[Waiting For Everyman]

14. Standing up to 3 tanks is the kind of guts it takes

to stand up to an HOA these days. They are super-snakes - they're all about coming up with nitpicking fines, to enable their law firms to churn fees out of people. They serve no useful purpose at all in my development of SF homes with "no common facilities". All they do here, is contract for trash pickup. But that one thing allows them to bully lots of homeowners here, any way they want... and the victim has to pay THEIR lawyers for victimizing them, so nobody can even object to this maltreatment. HOA's are private, run amok petty governments, with no due process whatsoever to limit them.

Good on him! :patriot: More power to 'im! :applause:

(And no, it didn't start out that way "when I bought my house" back in 1996, so there was no way to expect it would turn into this years later; and no, a homeowner can't just "move if we don't like it" in this economy, can we? What a stupid attitude that is - as if any persecution is ok, as long as it's done under a contract. Bull!)

[bluedigger]

17. This HOA is going down faster than a racist Philly swim club !

They need to pass an exemption for Medal of Honor winners in perpetuity, like, yesterday! Furthermore, their executive board, or whatever they have as leadership, should be required to attend every reveille and taps! Being on the wrong side of a Medal of Honor holder is the modern American cultural equivalent of opposing a Saint. They're toast.

[Turbineguy]

18. This man is obviously rebelling

against some overgrown egos. They've made asses of themselves and can't very well back down. After all, that would be admitting they they were asses. It's OK to be an ass, just don't admit to it.

[lynne]

19. There was a clip of a report which showed the language in the contract -

- and it was very elusive. It read that flagpoles were allowed but must be "aesthetically appropriate". The clip didn't show the entire contract but "aesthetically appropriate" is crap language in a legal document. The definition of "aesthetically appropriate" is subject to individual taste and interpretation and, as such, is undefinable.

Unless that contract states that free-standing poles aren't allowed, the HOA doesn't have a leg to stand on. Poor guy is old and didn't realize that a HOA could restrict what you do with your own home, it's an idea that's foreign to him. I don't blame him one bit as that's the exact reason I don't and never will live anywhere with an HOA.

[Oldtimeralso]

21. K & R and proud to be # 5 n/t

[lynne]

22. VA Senators Warner and Webb are into the act -

- I saw that Warner had called Col. Barfoot but Webb has written a letter to the head of the HOA in his defense. Details at the link:

http://nbc12.wordpress.com/2009/12/03/webb-sends-letter-to-hoa-in-defense-of-barfoot/

Good for them! :applause:

[tomm2thumbs]

26. if the association were smart, they would work with him to put a more grand flag up

somewhere in the entry or place of prominence. If there are construction rules to the location he lives in, I guess they can chase him to court, but better they complain and sit and take it than get themselves in the muck of it over a flagpole. But sometimes folks get frustrated and that is understandable. I would just suggest they pick their battles carefully or at least not corner the guy (and themselves) in a courtroom over it.

No one wins at that point - and everyone has mud all over 'em.

[proteus_lives]

27. Seriously-Fuck them. Read his Medal of Honor Citation.

He's goddamned Medal of Honor winner and he's 90 years old. Let him have the fucking flag. It's not ugly and it's not hurting anything.

Plus, I'll just say it. He walked out destroyed Nazi tanks. He stood for all of us against one of the worst evils in history. I wikied him

Medal of Honor
Silver Star
Bronze Star
Purple Heart

His MOH citation:

For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.<5>

Fuck the HOA of Sussex Square!

[Beartracks]

29. Wow, gotta agree with you there.

Especially if they haven't defined "aesthetically appropriate." The HOA should seek to define that term, and be sure to leave allowance for a free-standing flagpole flying the US Flag.

:patriot:

[theHandpuppet]

35. I saw a photo of the house and flagpole

Saw absolutely nothing that would have deemed the pole aesthetically inappropriate.

Fuck that HOA and that anal retentive tank they rode in on.

[Regret My New Name]

31. Holy shit...

Sounds like something you would read in a movie script...

[joshcryer]

32. They should let him keep his flag, and after he dies, raise it every fucking day forever.

Jesus Christ.

[jberryhill]

33. What did he have for breakfast that day?

A bowl of amphetamines?

[dipsydoodle]

34. Snap

.

[dugaresa]

39. wow - amazing

[zelta gaisma]

37. HOA's shouldn't allowed anymore the the old "not allowed to sell to AfricanAmericans" BS

[Dappleganger]

38. HOA's are known for making up arbitrary shit to suit their wishes.

One member became upset that we had two basketball goals set up in our XL driveway despite the fact there were no rules against how many one could have (and one was definitely okay). We took it down because we weren't up to fighting them at that time but I wish we had told them to stuff it. Another member also skirts the rules regularly and gets waivers to suit his own wishes. Whatever, fuck them. At least the fee is less than $200/year which is about what most people around here in FL pay per MONTH (and finding a decent neighborhood w/out an HOA is damned near impossible).

[Tim01]

40. Should he get special treatment because of his history?

YES! HE SHOULD!

And since he is getting special treatment for that. Then all of the Medal of Honor recipients in that sub division should get special treatment. And that would be how many? Probably 1.