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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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Exactly my point. It's time for a law to protect one's right to fly the US flag on his/her own property.
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A covenant is a restriction in a deed which in some way limits what can be done with the land by future owners. They are still enforced regularly unless they violate some law.
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My fault for being vague. I was referring to covenants preventing future sale of a home to non-whites.
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As a matter of principle, I agree. As a matter of law, it really doesn't matter what you or I believe, the law is to the contrary absent a statute such as the one someone here posted from Florida.
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We keep beating around the bush. I think we need a law to allow a property owner to fly the US flag. If he can hang one he ought to be able to fly one, and a HOA can butt out when it comes to the US flag. If they want to restrict any other flag that's another matter for another thread, law, contract, argument, or discussion.
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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 you. Thus the need for a federal law in this matter.
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Originally Posted by mdb23
The simple answer is that the prohibition against minorities in the community would violate federal discrimination laws, a prohibition against flagpoles does not.
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And the simple solution, since common sense is lacking in certain HOAs, is a federal law allowing a property owner to display the US flag on a flagpole.
Just as there is a clear need for laws to prevent racial discrimination in contracts, there obviously is a need for a law to prevent this kind of crap in contracts.