The American Flag Act

There have been so many questions about the American flag being flown at someone's home and their rights under the American Flag Act. Of course most of this has played out recently with the Alabama courts over the cases with Craft Farms and another five HOAs in the State. The following are the highlights in a nutshell:

H.R. 42, or the Freedom to Display the American Flag Act, was introduced in 2005 and made law in 2006

The law stated: 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 a member of the association from displaying the flag of the United States 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.

BUT, In that same year it was amended to add:   Nothing in this Act shall be considered to permit any display or use that is inconsistent with--

            (1) any provision of chapter 1 of title 4, United States

        Code, or any rule or custom pertaining to the proper display or

        use of the flag of the United States (as established pursuant to

        such chapter or any otherwise applicable provision of law); or

            (2) any reasonable restriction pertaining to the time,

        place, or manner of displaying the flag of the United States

        necessary to protect a substantial interest of the condominium

        association, cooperative association, or residential real estate

        management association.

As we have seen with the Craft Farm's case, poles in the front yard have been blocked by the HOA and the only recent pole approved was for a Veteran in his back yard. They allow for the flag (not to exceed a certain size) to be flown if attached to the home in a certain manner. The association also allows for the mailboxes and yards to be decorated during patriotic holidays. Their HOA used the amendment to enforce their rule stating that "Nothing in this Act shall be considered to permit any display or use that is inconsistent with any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States."

The Ashford Park HOA is reviewing recent updates and will publish more detailed guidelines in the near future.

ALSO: Our State Senator, Chris Elliott, has sponsored a BILL for the Alabama State Flag to be flown in the same manner if an owner wishes. The Bill would become law 90 days after Governor Ivey's signature if she so chooses.