FOX.com is running a story today under the headline, U.S. Veteran Faces Legal Action for Flying American Flag. The story is a about a 77 year old retired Army chaplain named Fred Quigley who lives in Macedonia, Ohio. Quigley bought a condominium in a development governed by a homeowners association, and after he erected a flagpole in his front yard, the homeowner's association sent him a letter demanding that the flagpole be removed. The letter threatened Quigley with legal action for violating the rules of the property association if the flagpole is not removed.
The FOX story on Quigley is a simple story, artfully drafted to tug at the heartstrings of any patriotic citizen or veteran as Independence Day nears, but it doesn't tell the whole story, which means that the article on Quigley is anything but fair and balanced.
Here's the whole story. Quigley bought into a condominium development governed by a set of homeowner association rules. The developer who built the condominiums established the rules of the development and filed them in the local land records office so that the rules were a matter of public record. One of the rules of Quigley's condominium development is that no homeowner can erect a pole or sign in their front yard. The rule stems from the fact that many folks who purchase condominiums don't like realtor, yard sale and political election signs dotting lawns in their neighborhood, and they pay a certain premium to live in a "sign-free" development.
Quigley knew about the condominium's "no flagpole" rule before he purchased his unit. He was provided with a complete set of the condominium rules before he forked over any money for his condo and signed on a dotted line saying that he read and understood the rules of the development and agreed to abide by them. Quigley could have told the developer to shove the condo rules and gone elsewhere. Instead, he chose to buy and then violate the rules.
Here's another thing. As a condominium owner in his development, Quigley has a vote in the development's homeowner association. The homeowner's association has the power, under the previously mentioned condominium rules, to change any rule of the condominium development with the concurrence of a set percentage of condominium owners in that development. That means that Quigley and his neighbors have the power, if they so desire, to change the development rules to permit flagpoles. All Quigley has to do is to convince enough of his neighbors to bring the matter to a vote and he could have his flagpole. You won't read that in the FOX story, because FOX is more interested in painting Quigley as a persecuted old patriotic veteran instead of an elderly curmudgeon who thinks the rules don't apply to him.
Personally, I think Quigley's condominium 'no flagpole' rule is a stupid rule. Then again, perhaps that's why condominiums don't interest me. I value freedom of speech more highly than I do a pristine lawn, and I've got election signs and dandelions to prove it.
I also value the rule of law and the ability of the governed to changes the rules when the rules don't work. I always thought that was one of the things the American flag was supposed to represent. Maybe I'm wrong, but at least I'm fair and balanced in admitting so, which is more than I can say about the FOX story.
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