Denver Native (Carol)
11-20-2007, 01:51 PM
http://www.9news.com/news/article.aspx?storyid=81303
HOA says mother of fallen soldier has to take down flag
AURORA - Mary Sims lives at the Strawberry I at HeatherRidge. On her front porch she flies a U.S. Flag. Her son Ryan died while serving in Operation Iraqi Freedom two years ago and her husband is currently a civilian worker with the Department of Defense stationed in Iraq.
"That flag is for them, for everyone that came before, that there are now and will come after," said Sims.
She calls it a patriotic display. Last Friday, her homeowners' association sent her a notice telling her that the display violates the HOA's rules and regulations. The notice stated that the flag, which is placed on a "common element," is not allowed. It continued on to say that Sims could place the flag in her window or on the balcony. Sims refused.
"I don't think they have right to tell me where to hang my American flag," said Sims.
According to Colorado state law, a person's right to display the U.S flag shall not be infringed "anywhere on an individual's personal or real property." State law though, does make some exceptions when it comes to personal displays of the flag.
According to the law "an owners' association, the state, or a political subdivision may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles."
The "reasonable rules and regulations" is something Sims says is very much a grey area.
"What is within reason? What does that mean?" she asked.
Sims says she is the victim of a selective enforcement. She says if a flag constitutes an alteration to her "common element," in this case the porch, then the wind chimes which also hang from various front porches in the subdivision should also be deemed violations.
"I really don't know what the problem is. I have a flag hanging to support our troops and they want me to move it," said Sims.
9NEWS requested interviews with members of the HOA's board. Our call was not returned. Sims has been flying the flag since July. She was notified that it had to be moved by November 16. If she gets a second notice of violation, she could face a $100 fine.
"I've sacrificed my son, my husband and now they want me to sacrifice my flag? Not going to do it," said Sims.
HOA says mother of fallen soldier has to take down flag
AURORA - Mary Sims lives at the Strawberry I at HeatherRidge. On her front porch she flies a U.S. Flag. Her son Ryan died while serving in Operation Iraqi Freedom two years ago and her husband is currently a civilian worker with the Department of Defense stationed in Iraq.
"That flag is for them, for everyone that came before, that there are now and will come after," said Sims.
She calls it a patriotic display. Last Friday, her homeowners' association sent her a notice telling her that the display violates the HOA's rules and regulations. The notice stated that the flag, which is placed on a "common element," is not allowed. It continued on to say that Sims could place the flag in her window or on the balcony. Sims refused.
"I don't think they have right to tell me where to hang my American flag," said Sims.
According to Colorado state law, a person's right to display the U.S flag shall not be infringed "anywhere on an individual's personal or real property." State law though, does make some exceptions when it comes to personal displays of the flag.
According to the law "an owners' association, the state, or a political subdivision may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles."
The "reasonable rules and regulations" is something Sims says is very much a grey area.
"What is within reason? What does that mean?" she asked.
Sims says she is the victim of a selective enforcement. She says if a flag constitutes an alteration to her "common element," in this case the porch, then the wind chimes which also hang from various front porches in the subdivision should also be deemed violations.
"I really don't know what the problem is. I have a flag hanging to support our troops and they want me to move it," said Sims.
9NEWS requested interviews with members of the HOA's board. Our call was not returned. Sims has been flying the flag since July. She was notified that it had to be moved by November 16. If she gets a second notice of violation, she could face a $100 fine.
"I've sacrificed my son, my husband and now they want me to sacrifice my flag? Not going to do it," said Sims.