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Property and Patriotism: Army vet forced to remove flag on pain of eviction

Iraq War veteran Charlie Price and his wife Dawn aren’t happy.  The couple, rightly proud of Charlie’s service and the nation he serves, had a flag displayed in a window of their Oshkosh Apartment.  The flag had been in the dining room window since November, But on Tuesday, the couple was served notice: remove the flag or face eviction.

The headlines on these stories are attention-grabbers, of course.  Publishers have papers to sell, after all, and nothing sells papers like a little outrage.  Hell, my own headline was built on the same premise, and I don’t even have ad space to fill.  But when we look beyond the headlines, we see that, surely, there must be some reason for it.   Certainly, no American company who’s actually trying to sell something to Americans would come right out and admit hatred for the flag?  And indeed, the company in question was quick to respond to calls for a statement:

“This policy was developed to insure that we are fair to everyone as we have many residents from diverse backgrounds. By having a blanket policy of neutrality we have found that we are less likely to offend anyone and the aesthetic qualities of our apartment communities are maintained,” [Midwest Realty Management's] statement said.

Ah, see?  No problem.  They just want to make sure people aren’t offended.  By the Flag.  Of the United States of America.  Which country they are actually in.  No, wait… come  to think of it, there might well be an issue here.  It would appear that the Management company views the American Flag as a political poster that may “offend” some people with “diverse backgrounds.”

Just one problem: The Flag of the United States of America isn’t a political symbol.  It symbolizes neither the Republicans nor the Democrats, TEA partiers nor socialists.  Indeed, the very design of the flag of the United States puts on display the diversity the management company seeks to maintain.  E Pluribus Unum.  Out of many, One.  Thirteen stripes, symbolizing the thirteen original colonies, and fifty stars, in recognition of each of the fifty separate states.  Furthermore, this is the United States.  One’s ability to display the flag of the United States when actually in the United States shouldn’t be subject to the delicate whims of folks who may not  like it.

They are welcome to leave.

And, it turns out the Management Company may well have realized the error in their above statement.  It may have occurred to them, at some point, that the suggestion that the flag may offend somebody was stupid and pointless.  Because asked for another statement by another news source, Midwest Realty backpedaled.  Hard:

“We just don’t allow people to stick things in their window,” Midwest Realty Management president Rodney Oschleger explained.  “Instead of drapes or blinds, for example, we don’t allow them to put sheets.  We don’t allow them to put flags or banners or religious or political things.”

Oschleger insisted that the company’s objections are aesthetic and have nothing to do with the message a particular flag or banner might depict.

“This is a window situation,” he added.  “If they wanted to put a flag on their balcony we would have no problem with that.”

Oh.  See, now that’s better.  A Guns ‘n’ Roses Poster (dating myself somewhat, I suppose), being neither flag, nor banner, nor religious, nor political, would be welcome on a window.  But the American Flag is somehow… trashy.  The problem I have with this, of course, is that it’s specifically not what they said the first time.  Either it is a problem with the message, or it isn’t.  And the first time they were asked, before having the chance to make it more palatable to people who care about such things, their response was is that it was, indeed, a message issue.

People can do whatever they want with their own property, but I cannot abide liars.  Either tell the truth about your policy, or offer a ‘no comment’ and leave us to our own conclusions.  But on something like this, you don’t get to backpedal.

There are people now who are suggesting that the Flag Display laws be changed to force companies like Midwest Realty to allow people to display the flag as desired.  I am against this.  It is their property, and as such, they ought to have the right to decide what is and isn’t acceptable as outside decoration.

However, were I the Price family, I would leave as soon as contractually allowed.  I would tell others to leave.  And I suggest, here and now, that people who care about the right of good folks to do what they wish within their own living space — and specifically about the right to display our flag in our own damn country — let Midwest Realty know, in no uncertain terms, that we refuse to do business with a company like them.  That they, and people like them, have no place among people who value personal freedom.

A company who would be willing to evict a man who valiantly risks his life to ensure their continued freedom and prosperity, over, of all things, the symbol of the country he serves, doesn’t deserve to be in the company of that, or any, patriot.

COMMENTS

  • JadedByPolitics

    boards telling US what WE can have and cannot have but when it comes to the FLAG I do not agree that there should EVER be limitations!

    • http://stixblog.com Black River Wolf

      The owners are in their right to ban stuff what they will.

      But come on, The United States Flag. especially right before Memorial Day, which this was a tribute to those he has served with.

      I am sorry I find this offensive and a slap in the face to all those that serve our great country, When flying the Stars and Stripes to honor soldiers is banned, what is next???

      I would be willing to say, that it would not be right to put a sticker of the Unites States Flag, that could damage the window.

      The slow slide of taking away our liberty rolls on. No where in the Constitution does it state there is a ‘Right Not To Be Offended”

      Sigh, but I am sure most know who won American Idol, but do not even know about this story.

      • JadedByPolitics

        there is absolutely NO REASON to ever deny someone the RIGHT to show their devotion to the FLAG of the United States of America!

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    I do think a right to display the US flag law, ie regulating interstate commerce, could work if the SIZE of the flag is specified and sufficiently small.

    • http://slcliberty.blogivists.com randy streu

      is that it applies to homeowners associations and condo boards, where the home in question is actually OWNED by the individual living in it, and not by the agency.

      Since this is a rental, the Display law doesn’t apply. ‘Course, you’re the lawyer, so I’m probably wrong on that.

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

        I wasn’t even thinking of ant tenant right under the federal law. (I might also need to look at that in detail…waiting on the retainer! smile)

        Many lease provisions specify bans on any displays in windows or “offensive” displays. Some gibe landlord carte blanche to allow or disallow. Some are silent.

        But when we say a landowner “can do anything” (or ban anything) with his property, yes, but signing a lease with a tenant is “doing something with his property” and such contracts are subject to statutes reflecting public policy and the in the absence of an explicit ban on flying the flag, much like many other “normal incidents of occupancy”, I could envision a successful defense for flag waving.

        more later

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

        that management lied when the truth would have been fine!

        • http://slcliberty.blogivists.com randy streu

          But honestly, I think if a representative of the management company — say, the facility manager — had simply gone to the company and asked that, in order to comply with the written leasing agreement, the family simply move the flag to the balcony, there wouldn’t have been a problem.

          Obviously, I can’t speak for what the Price family would or would not have done in such a situation, but it would appear from the reports, and from the fact that the company hasn’t commented that this was indeed the case, that it didn’t happen that way.

          Ultimately, I think we’re looking at an uncomfortable situation on the part of management, that was handled inappropriately BY the management.

          I do have a problem with a company telling tenants what they can and cannot display and where (especially when we’re not looking at a situation where the building was damaged or altered in any way). That alone would make me want to fight the management.

          But the fact is,the family signed a lease, and presumably read the agreement. Had the company been forthright in enforcing the rule, and handled it in an appropriate manner, rather than simply giving them a “stop now or be evicted” notice, things would have gone down differently.

          • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • penguin2

    into controlling the public consciousness. It isn’t about the risk of offense, it is about absenting the visual symbols that reinforce American Exceptionalism, all things American, and making closet patriots of us all.

    It is a political message, on the part of the leasing company. 50yrs ago the country had pride and patriotism, flew the flag and would have run anybody “out on a rail” for interfering with being able to express their love of God and Country. Now traditional Americans are marginalized and scorned, and held up for public ridicule.

    Much damage has been done. I hope this leasing company gets a lot of adverse publicity. We must fight back. Hit them economically if possible.

    • http://stixblog.com Black River Wolf
  • http://www.dcworksforus.com Kenny Solomon

    Why do I have this gut feeling that’s one of the aims of the current administration ?…….. to have our nation’s flag derided as an evil symbol…. officially ?

    Why do I have this gut feeling that they already have a ‘New American Flag” (to be titled officially at a later date) that has an incredible similarity to the “O” logo our Dictator In Training Pants uses ?

    • http://slcliberty.blogivists.com randy streu

      Does this president really have the stones to attempt such a thing? To destroy 200 years of tradition by simply declaring a new national flag?

      The hubris, certainly… but the actual gonads to pull it off?

      • http://www.dcworksforus.com Kenny Solomon

        They’re doing what he said they would….. “fundamentally transform The United States”.

        Systematically taking the nation to Hell and they’re enjoying themselves immensely in the process, trying to generate their crisis too good to waste in order to………. Look at it this way……

        Many folks who are ‘this close’ to dropping off the grid think these Marxist freaks have thought of and have even planned for just about everything, including the little things like the flag and re-working national symbols…… Look at some of the new agency logos and many of the re-vamped existing agency logos…… Scary stuff.

        Please remember…. this isn’t just about ‘him’….. it’s the lot of them…… Cass “Nudge” Sunstein (It’s not just Glenn Beck saying Sunstein’s the most dangerous man in America), Eric “Free The Panthers” Holder, Janet “Big Sister” Napolitano and all the rest.

        • http://www.theprecinctproject.wordpress.com ColdWarrior

          will unite and organize politically — QUICKLY.

          You know my spiel.

          Good news — recruited another conservative PC today. Engineer at a defense contractor. Told me he thought he might be able to recruit a few more.

          But we need thousands and thousands of new PCs.

          Redstaters, do you know your precinct? It’s boundaries? How many Republicans and Independents are in it? Do you know the process for becoming a PC in your state? Where your local GOP committee meets? Been to a meeting? Are you IN the Republican Party (you know, eligible to vote for the local party leadership)? Can you get INSIDE it? And bring a few more conservatives along with you?

          The “powers that be” RINOs in the Party don’t want you to do this. Best way to upset a RINO is to become a Republican Party PC.

          Don’t get mad. Get even. Act.

          Take back the Republican Party. Then we can take back the government. At the primary election ballot box with conservative candidates. Who go on to the general election.

          We use the soap box. The ballot box. So we don’t have rely on the jury box to escape the application of unjust laws. And don’t have to resort to the cartridge box.

          Pray. Recruit. Repeat.

          For Liberty,
          ColdWarrior, PC (that?s ?precinct committeeman,? not ?political child!?)
          Conservatives, UNITE! CHANGE the Republican Party and save the world by UNITING INSIDE the Party as precinct committeemen. NOW!

  • http://hillbillypolitics.com Steph C

    In the backpedaling statement they mentioned drapes and blinds. If the Prices were to make drapes with flags, would they still be threatened with eviction? If they painted blinds to form the flag when closed would they still be threatened with eviction?

    On that last they would have to purchase their own blinds rather than those installed by the leasing company, but it’s doable.

    Then, they could call it patriotic decor. ;-)

    • http://hillbillypolitics.com Steph C

      one of the newer trends in home decorating: Roman Shades.

    • chuckie

      ….the man said they don’t allow SHEETS in windows??? what??? i mean, i can make really decent curtains from sheets, how would he know the difference…???…..

      …and no, you absolutely cannot make curtains from flags, that is big large verboten badness desecration type stuff….but you can make curtains from red, white, and blue strips of fabric….certainly…..

      ….should they stay and be …..provacateurs…..or just pack up and leave as soon as possible, with as many others as will go…..hmmm……..

      • http://hillbillypolitics.com Steph C

        Eviction is easier said than done. Most states/municipalities and whatnot have eviction laws on the books so that it can take up to 3 months to evict someone.

        They can live rent free for that time while they save the money for the move.

  • justfedup

    …if you are offended by” Old Glory” then just get the hell out. We don’t need any more cowards. It’s mind boggling that people living here are scared to show patriotism. Who do they not want to offend? Felipe Calderone? At some point the left will reap what they have sown & they won’t like it.

  • http://www.nighttwister.com NightTwister
  • Trillian

    The Freedom to Display the American Flag Act of 2005 (also called Public Law 109-243) states that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. (all emphasis is mine)

    It states that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

    What does this mean in plain language? It means that you have the right to fly the flag on your property, within certain limits. What are those limits? That may depend on where you live. Your HOA (Home Owners Association) may forbid a flag pole in the middle of the yard. That?s considered a reasonable. But the HOA cannot forbid you to fly a flag from a modest pole from your door jam or front porch?that would be unreasonable.

    Within the grounds of a condo or an apartment complex, management has an understandable and reasonable right to insist upon certain guidelines, and may forbid you from hanging a flag off your balcony (for example). But it cannot stop you from hanging a flag that is fully with the boundaries of your porch, or on your door jam?that would be unreasonable. If the apartment complex desires a uniform facade, where all the windows appear the same from the outside, that is not unreasonable.

    The first point is to find a solution that is agreeable to all parties concerned. The second point is to READ the fine print. Know what the rules are before making the commitment. You absolutely have the right to fly the American flag, but the size of the flag, and where you place it may not be your decision.

  • Flagstaff

    I wonder if the wacko 9/11 Truthers would be allowed to cover their windows with aluminum foil left over from the manufacture of their headgear.

    My second ‘wonder’ is if the Prices’ apartment even has a balcony. I think Charlie and Dawn Price should buy a flag-holder and put it right outside that same window if they don’t have a balcony.

  • klondike

    Outrage:

    “Well, the station also reported that some of the clearly-rattled Midwest Realty employees were ?scared to answer the phone or open their apartment doors.? By yesterday afternoon the company found itself in much the same position as oil company BP is stopping the oil slick in the Gulf of Mexico, saying, ?This has gone too far!?

    So now the company has issued an apology to the Price family and has also said there is a change in the flag policy. ?It was never our intention to hurt the Prices or disrespect what Mr. Price and all veterans have sacrificed for each and every one of us,” Rich said. ?We have learned from this situation and will be revising our policy to allow our residents to honor America and display the American flag in a manner similar to the Prices.”

    But, around the country, the story isn?t quite over. No, what appears to be a growing number think the so-called ?fairness? objectives have gone too far. Many worry ?political correctness? is undermining our beliefs. There is a deep feeling that the flag, a symbol of freedom, is under attack.”

    http://patriotpost.us/opinion/roy-exum/2010/05/29/the-flag-still-flies/

    The “fairness” objective absolutely have gone too far, and Midwest Realty Management has shown itself to be staffed by the politically-correct (read: non-thinking individuals who want to win some sort of high school sorority or fraternity popularity contest). They got a rude awakening and have learned that those of us who care about this republic are going to restore this country to its original values one flag at a time, and we are dead serious about it.

    Please don’t miss this part of the article:

    “The flag was put there, Charlie said, because it faces Arlington cemetery, the base in Germany where he was stationed, and both Iraq and Afghanistan where his ?brothers? continue to defend freedom.”

  • Raven

    No?
    I’d sue and try to end up owning the company.