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Originally Posted by Longrifle
And I think a better lawyer would consider the possibility that this "rule" is wrong in denying a property owner a commonly accepted way of displaying the flag, and would offer his services.
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Fine, think what you want. Suffice to say, this issue has long been resolved by the courts in pretty near every case and it's my general rule not to take a client's money for litigating an issue where the long settled law is against him.
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Originally Posted by Longrifle
Suppose a HOA had a rule prohibiting invitation of certain minorities to sit on one's lawn. Clearly that wouldn't be an acceptable rule, so why is this one?
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Because that law would be violating federal laws and probably state laws also, depending on what state you are in.
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Originally Posted by Longrifle
At one time "covenants" were enforced, too, until someone stepped up to the plate with a lawyer and got that changed.
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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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Originally Posted by Longrifle
I simply do not believe anyone, for any reason, should have the right to tell a property owner how they can display the US flag respectfully on their own land. Paying property taxes alone should provide that guarantee.
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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.
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.