They Tried To Ban America

Doc Rich

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Transcript

00:00oh another story of the good old HOAs man what do you know you know you you you would think

00:08some of these HOAs would just you know chill out chill out a little bit you know what I mean

00:17but just when you think they would or they wouldn't go any further especially at a time

00:23like right now well they do check it out the stars and stripes wave peacefully outside this San Marcos home

00:35but now just days before America's 250th birthday Amy and Chris Cook are being asked by

00:42the Ambience Owners Association to take their flag from their garage door frame down having to defend our

00:49freedom to display the symbol of freedom is something I never thought I'd experience in

00:55America the red white and blue is something the couple displays to honor Chris's grandfather who

01:01died in world war ii he was awarded the navy cross and also the purple heart the issue comes down

01:06to

01:07where the flag is installed the HOA contends this flag is installed on common area property but the

01:13homeowners now facing a $100 fine disagree ours is placed on the fascia around the corner Terry

01:19Collins has also been told to take down her flag we've lived here 35 years it's been here 35 years

01:26Collins believes she has the law on her side the 2005 freedom to display the American Flag Act states in

01:33part

01:34that a condominium association may not adopt or enforce any policy that would restrict or prevent a member

01:41from displaying the U.S. flag on residential property within the association with respect to which such

01:48member has a separate ownership interest or a right to exclusive possession or use free speech attorney

01:56David Loy says California law allows HOAs to put some limits on the size and location of flags but the

02:05general rule is that HOAs even if there are still private entities and not subject to the first amendment they

02:11still don't have a blank check to say no signs no flags whatsoever on your own private property

02:18I understand some of your neighbors have taken down their flags in recent days but you're leaving yours

02:22up tell us why because I'm not going to be bullied by them

02:29the residents will make their case to the HOA board at a hearing Tuesday no one from the owners

02:35association returned requests for comment Austin grab it of course they didn't of course they didn't

02:42that is just absolutely foolishness foolishness no HOA anywhere in America should be able to ban the

02:53American flag anybody and everybody I don't care who you are black white tall short fat skinny gay or

03:04straight doesn't matter anybody should be able to display the American flag on their property

03:13now of course if if your flag is like encroaching on somebody else's property

03:18all right I get it you know what I mean um be respectful of other people's property but on your

03:23own property you should be able to display the American flag zero restrictions zero restrictions

03:32you cannot restrict somebody from flying the American that that that should be like the second

03:38amendment right you know shall not be infringed we can fly our American flag and it shall not be

03:46infringed okay our right to do so shall not be infringed to fly the American flag that is just

03:52absolutely ridiculous and on the 250th right really really it's crazy crazy let's hear some more about

04:02the story though Independence Day some Southern California residents are caught up in a fight

04:07with their homeowners association they say their HOA is telling them to take down their American flags

04:14or face fines correspondent Nancy Liu joins us live so Nancy you had a chance to speak to some of

04:21these homeowners

04:23I did Nicole and this holiday week is when a lot of Americans proudly display the stars and stripes

04:30in this case America 250 as well but residents of one Southern California neighborhood say their

04:36patriotism and freedoms are under attack Terry Collins and her husband have lived in the ambiance townhouse

04:44complex in San Marcos since it opened in 1991 their children grew up in the neighborhood and they have

04:51proudly displayed an American flag on the front of their home for nearly 35 years a flag fight surfaced two

04:59years ago when another resident started flying a Padres flag well the HOA eventually moved to ban

05:06all flags even old glory in a previous letter residents were told once the members allow use of a common

05:14property by an owner to express what is essentially a political or affiliative view in a flag other owners

05:23will want to do the same and the common area will degrade despite a threat of bi-monthly 100 fines

05:30the

05:30Collins family has refused to remove their flag and they have no intention of paying any fines you need

05:37to stand up for what you believe in especially the American flag that is our badge of honor if we

05:43can't

05:43serve in the military we can at least wave a flag outside of our home to show how prideful and

05:49how happy

05:49we are to live in the United States. I think it's interesting that it has culminated to this point as

05:54we

05:54approach Independence Day in the 250th birthday of America I do you know I think this is why this

06:01is gaining steam and it should our flag is a symbol of our freedom neighbors Chris and Amy Cook they're

06:09also defying the ban especially since this complex is near the Miramar Naval Base and Camp Pendleton both

06:17families met with the HOA last night and they were told the panel would table this dispute for 60 days

06:25now News Nation we reached out we're going to table this dispute for 60 days you know until after the

06:34fourth and everything and maybe you guys will be a little more relaxed about it yeah okay yeah okay

06:42some could say that that that's that's the HOA giving in right but now we we ain't letting them

06:48off the hook we are not letting them off the hook you're not about the oh well we let you

06:53guys fly

06:54it on the floor so that you could you know uh be proud of the country and whatnot show your

06:58pride for

06:59the country but now we're gonna ban them like no no no no no we can fly them all year

07:04long not just on the

07:06fourth not just on the fourth not just July 4th we can fly them on December 22nd if we want

07:13to okay

07:15doesn't matter all year long we ain't tabling this for for 60 days and you gonna try to ban it

07:22two months later nah to the ambiance HOA for comment but so far no response Nicole all right so Nancy

07:31isn't

07:32displaying the flag covered by federal law how can a homeowners association do something like this

07:40well the freedom to display the American flag act of 2005 it does protect a person's right to fly

07:48the flag on their property HOAs cannot ban the U.S. flag outright but they can enforce particular

07:57requirements and you know there are HOA flag fights all over America right now in North Carolina and

08:04HOA has served notice to a police veteran over his display of the thin blue line flag which also honors

08:12fallen officers in South Carolina a Myrtle Beach homeowner is battling his HOA over the additional flags

08:20he's put up inside his screened porch he argues the flag should be exempt since they're hung from inside

08:28and in multiple communities all over the place including this one in Austin Texas their ongoing

08:34disputes over the display of proud pride flags but in many instances the U.S. flag the symbol of our

08:43country that is an exception wow all right Nancy Lou as it should be as it should be I know

08:50lots of other flags

08:51have you know good meanings and whatnot behind them but my focus is the American flag okay uh that should

08:59be

08:59exempt um our right to fly that flag should be uh un-uninfringed okay now

09:09all types of other flags yeah I feel like we can get into a gray area because you know quite

09:15frankly

09:15some people are weird right and they'll just fly any type of crazy looking flag and I I know that's

09:24none of us right there's there's a lot of amazing flags that represent you know like the thin blue line

09:29right um but I feel like once you get outside of the American flag you start getting into you start

09:37getting into the weeds right because if you allow that well then now you gotta allow

09:43some weird crazy looking flag on somebody else's property and yeah yeah but then also it is their

09:54property so you know it is what it is I guess what do y'all think though what do y

09:59'all think American

10:01flag that's that's off limits you got to be able to to to to to fly the American flag no

10:08infringement

10:08whatsoever but all should all other flags be allowed as well or should it just be limited to the American

10:17flag y'all let me know y'all let me know y'all let me know y'all let me

10:21know I I do think some some

10:23flags look weird right um personally okay just saying just saying it does get a little

10:36it can it can it can look not as neat right uh when you got some of these weird folks

10:43flying these

10:44weird flags not talking about flags like the thin blue line and whatnot um but we've all seen some of

10:50some of the weird stuff that that people decide to put up so what do you guys think their property

10:57so they get to fly whatever or you can only fly the American flag and every other flag can have

11:06its

11:07limitations put on it y'all let me know stay safe out there peace and love I'm out

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