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Originally Posted by AJG
Because that law would be violating federal laws and probably state laws also, depending on what state you are in.
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If a lawyer could demonstrate that this rule is violating a federal law or a basic principle on which the United States is founded, would that not constitute a similar circumstance?
A number of people have stated that he is allowed to display a flag, just not on a flagpole.
However, by denying him his flagpole, isn't the HOA denying him the ability to raise and lower the flag in a manner consistent with military protocal and pay respects to that flag in a manner which is indicative of his status as a recipient of the Medal of Honor?
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Frankly, I'm not sure the Florida statute would withstand a constitutional challenge under Article I, Section 10, which provides that "No State shall ... pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. But that's just a quick thought off the top of my head, which I admit to not having researched.
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I believe that argument was used pre-civil war to enforce the pursuit of slaves. I'm not sure I'd want to make an argument that called on that as precedence.