May 29, 2012
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An elderly New Jersey woman claims her Constitutional rights are being violated after a local public housing authority ordered her to remove three small American flags from the balcony of her apartment and an expert on Constitutional law said she may have a case.
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“I hung my flags out and they sent a maintenance man to take them down,” Dawn Paulus, of Phillipsburg, NJ, told Fox News Radio. “I left my flag up anyway.”
The 75-year-old said she has no intention of removing the flags – even though the Phillipsburg Housing Authority said the display violates the terms of her lease.
“He told me that I can’t have the flags because of the Nazi flags,” she said. “If I hung the American flag up and someone hung a Nazi flag up they couldn’t tell them to take the Nazi flag down and still let me fly the American flag.”
Paul Rummerfield, the executive director of the Phillipsburg Housing Authority, told Fox News Radio that under the Fair Housing Act they can’t discriminate when it comes to the kinds of flags tenants fly.
“Once you allow anyone to hang the American flag or any flag, then you have no recourse when someone hangs a flag that may be objectionable, such as a pirate or Confederate flag,” Rummerfield told The Express-Times newspaper.
Express-Times photo by David Foster
However, he told Fox News Radio the issue with Paulus has nothing to do with the Fair Housing Act.
“It has everything to do with lease enforcement,” he said. “Tenants are not allowed to hang anything on the balcony.”
Rummerfield said there was also a safety issue. He said Paulus’ apartment is on the sixth floor. He said there were concerns the flags might fall.
“It’s not so much the flag as the bracket coming loose that we’re concerned about,” he said.
Brad Jacob, a constitutional law expert at Regent University, told Fox News Radio that Paulus may have a winnable case should she take the housing authority to court.
“This is so much of a core free speech issue,” he said. “I would think the government would need a stronger justification.”
Jacob said if Paulus lived in a private apartment complex she would not have a case because it would be a matter of abiding by a private contract.
“Because it’s the government the First Amendment comes into play,” he said. “Flying the flag is one of the purest examples of First Amendment speech and expression. It clearly implicates Constitutional issues when the government tries to tell you that you cannot speak.”
Jacob said the housing authority also runs into trouble with their outright ban on all flags.
“Their justification is we must ban all because some of it will offend,” he said. “Traditionally, that’s a losing argument. Traditionally, free speech wins out. And if someone is offended at another person’s speech, they’re just offended.”
Rummerfield called Paulus a good tenant and suggested that she “purchase a little table top flag” instead.
“We fly an American flag down at that facility,” he said. “It’s not about patriotism or respect for the flag or veterans. We recognize our residents’ patriotism by flying a flag.”
Paulus said residents are allowed to hang laundry over their porch railings – but not the American flag.
“These veterans fought for us for freedom and now you can’t even fly the flag for them,” she said.
But if she does not take the flags down, Rummerfield said she could be in violation of her lease – and that could possibly lead to eviction.
Paulus, who lives on a low income, said she hopes it doesn’t come to that.
“If I do, I don’t know where I’ll go,” she said. “I just want to stand up for my rights, that’s all.”
FOX News Talk
Dumbest argument EVER. "If we let you fly the American flag then we have to let you fly the Nazi flag." WRONG! Write into the leases the flags that are acceptable. Or specifically say "no" to swastikas. Or….and I know this is a crazy thought…..let people express themselves freely.
They don't want the American flag flying because they are against the American flag. Their excuse is weak and obviously bogus.
It's OKAY to let the ILLEGALS flood into our country by the millions and the government, especially OBAMA, thinks there's absolutely NOTHING wrong with it, but let a lady display OUR AMERICAN FLAG from her balcony…..and THAT is NOT ALLOWED….. In the name of SAFETY…..OH, PLEASE! It is all about LEFTIST intolerance and fascist PETTINESS………. This is ALL so totally STUPID, it just totally DEFIES words……………
This is the U.S.A………Not the U.S.S.A. or NAZI-MERICA! So much BLOOD has been shed over the CENTURIES to protect the very FREEDOM that people like Nobama and Pelosi and Reid, et al, would take from us without a second thought, let alone HOMELAND SECURITY….They are NOT here for US…. as Pres. Bush intended,……WE, the people are the ENEMY….and their only concern is for islam and illegals!
This is the U.S.A………Not the U.S.S.A. or NAZI-MERICA! So much BLOOD has been shed over the CENTURIES to protect the very FREEDOM that people like Nobama and Pelosi and Reid, et al, would take from us without a second thought, let alone HOMELAND SECURITY….They are NOT here for US…. as Pres. Bush intended,……WE, the people are the ENEMY….and their only concern is for islam and illegals!
wow, I've never seen so many "grown adults" use such terrible languge. Did you guys really call Cindy retarded? among other things. What's wrong with you people. Some random Condo has a policy that you can't hang anything because of saftey issues. Get over it.
seriously. this 'news story' shouldn't even be in the news. its a blanket policy, covered in the lease that she signed. its great, i guess, that people are so passionate and 'politically aware'. but from the comments i've read, ignorant rants seem to be reigning supreme here. you can attack people for disagreeing, its just not ever going to solve anything or bring them around to your way of thinking. so its more like a waste of time…
It makes me sick to watch what's going on in this great country today. FLY THE FLAG and GOD BLESS AMERICA!
It makes me sick to watch what's going on in this great country today. FLY THE FLAG and GOD BLESS AMERICA!
It should never be an issue if someone wants to properly fly or display the flag of our country. Too many Americans have fought and died for what our flag represents. If someone wants to take issue with that, I would be more than happy to accomodate them. Semper Fi Ms. Paulus
Americans need to take a hard look at themselves. When the American flag is banned, we are all in serious trouble.
This is very silly. This is the country we live in. Why is it even a question if we can fly the flag? Are we offending people that live here who don't like America or something? I just don't get the rationale behind asking her to take it down. That being said, I also don't understand the partisan b.s. on here. Republican, Democrat…we don't care what you are. This story should be annoying to both sides.
The public housing authority must be run by a bunch of America-hating Liberals. What is the deal with so much control, control, control, control? The Liberals want to be able to practice sexual immorality and sacrifice their children to Baal, but they don't want people to have the freedom to express the love of their country or their God.
A Pirate Flag? LMAO! What an idiot……….
But according to our illegal kenyan occupier of our white house it is ok to display the homosexual flag of rainbows and the mooslime flags over the hundreds of mosques here in USA, as he apologizes for our nation.
That is outrageous. Sounds like they aren't patriotic especially on Memorial Day honoring our soldiers who have given us freedom. So So Sad.
I understand this lady's dilemma, but, I also understand the Housing Authority's dilemma.
If they let her fly tyyhe American flag, then others will want to hang very "objectionable" flags?
So, under the circumstances, I believe the Housing Authority is making the right decision.
This is not about free speech or discrimination or lease agreements. After reading the many reasons the Housing Authority is trying to use to get this woman to remove her display, the Housing Authority is grabbing at straws to exert its authority. The American Flag is a recognizable symbol of the sovereignty of our nation. Anybody has a right to fly the American flag on any soil claimed by the United States of America as much as anybody can fly the America flag on a US ship or a battlefield won by an American force. No law, rules, or regulations can change this except the US Constitution. And this hasn't happened. Free speech doesn't even apply here. If it were so, then anyone could fly a Mexican flag or a Polish flag or a Conferderate flag in violation of housing rules and regulations. And this is not so, since these flags have no sovereignty over the rules of the land with US borders. So the Housing Authority need not fear discrimination enforcing its rules. It just needs to keep its hands off the right of citizens to display the American flag. Given some Americans can abuse this right and become obnoxious about this, the Authority should request and expect that flag wavers abide the national protocal for displaying the flag and the respecting of those who fought for and died for our rights to fly the flag. This means, in part, taking the flag down by sunset, protecting it, raising it with honors, and replacing it when it becomes worn and tattered.
She should buy a shirt that has an american flag on it and hang it over the balcony! This is just SILLY!
The housing authority could designate that only our Country's flag may be flown, others are not acceptable. If someone is offended my their own countries flag, that speaks volumes.
So, Mr Rummerfield, are you a communist or what….
This is ironic as she is from my home town and my parents used to live n the same senior complex. This is a lot of shit showing how proud one is to be an American. I think politics and neer-d0-wells need to loosen up a bit, talk about infringing on someone's right. Fly your flag there lady, my thoughts and prayers go with you…what is really funny is that they can hang laundry on the balcony but can't fly a flag…just say you washed the flags and were drying them out…..and flag causing injury if they fall…come on guys.
Way to go Tom! See what you started now. Over 200 postings. LMAO Way to go.. I'm with you 100%
When you sign up to live in a place like this you agree to the rules. What's so hard to understand about that? She just wants to make her own rules. What if we all do?
THE REAL NAZIS IN THIS CASE ARE THE PHILLIPSBURG HOUSING AUTHORITY AND THE LEASE ENFORCERS. DID YOU EVER THINK THE DAY WOULD COME THAT ONE COULDN"T FLY THE AMERICAN FLAG IN AMERICA? STAND UP GIRL AND KICK BUTT! DON"T LET THOSE WUSSiES HIDE BEHIND THEIR POLITICALLY CORRECT/LEGALISTIC CRAP!
PMSL if she flew her American flag and someone else flew a nazi flag, then they couldn't tell the other person to take down their nazi flag and let her fly hers. is this really America? you must be kidding me.
I personally am glad when I get called a homophobe I will never be forced to accept the man/man or man/ animal marriage it is abhorrent, I gladly accept being called anti semite when I see the destruction done to my nation by the scum like Bill Mahr, Soros, Stresiland, and most liberal agnostic jews, I do not mind being called anti black when I see the ilk of Maxine Waters and Charlie Rangel and Rev Wright who should all be behind bars but they are black;;;;American wake up they are using political corectness and hate speech to shut down opposition. Just yesterday on Memorial day a day to honor our veterans on MSNBC they said a veteran is not a hero but a homosexual who stands up for pervert marriage is the real hero….unbelievable.
The lease says no flags. That's pretty clear!
Well If your allowed to hang laundry………..buy yourself a Beach towel with the U.S.A Flag on It and hang your laundry!
Right on Joel! If we don't stand up for "our" America soon, we won't even be able to hang our flag on Flag Day or let it fly high in all the Memorial Day parades which honor all those that have made this country great. What is it going to take to make people see what's happening in our great country…another revolution, I hope not.
Hundreds of thousands men and women fought for that flag. No person should ever try to stop anyone from displaying it. PERIOD!
This is unbelieable. The land of the free no more. As we go along I cannot believe this. Our rights are been robbed from us everyday and maybe every hour.
This woman is retarded. You can't spell and you don't even know what your talking about Also you are telling people not to rag on you and get involved when you started this argument.
Is anyone is offended by someone else flying an American Flag, the person or group of people need to GET OUT of America, and NEVER come back, EVER!
I don't care if the housing community 1 lives in doesn't allow flags, you allow the American Flag to be flown. It needs to be properly illuminated after dark, or taken down. Inclement weather is 1 reason why the flag should be taken down. Once the inclement weather passes, put the flag back up.
A Proud Navy Veteran, Go Navy, fear the goat, hooyah!
Whaqt a bunch of losers! This is the United States of America! What have we become when we cannot even fly our own national flag? Have we become that low, that desperate, that…third world? I am proud to be an American and I DARE anyone to tell me that I cannot fly my flag! My grandfather, my father and I have faught for this flag proudly and would do it all over again. If these people are so afraid of this then tyhey should get the hell out of ths proud nation before someone ruins their day! God Bless America!
you are a great lady. keep the flags flying. love and be proud of the U.S.A.
I'm here for the herpderp! Do any of you breathe out of your nose?
That flag law does not make sense. This is the United States. It is the nations flag. This is yet another example of Marxism etc. creeping into the system in the disguise of political correctness, social justice or whatever else they can come up with to phase out the constitution and freedom.
The American flag should be exempt from all display restrictions. If they want to prevent public displays of any other kind of flag, fine, but the American flag should NEVER be restricted.
YOU ARE EITHER FOR IT OR YOU ARE NOT FOR IT. MAKE UP YOUR F*CK N MIND..
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Interesting. Money is speech, corporations are people, but you don't have the right to fly a flag from your property. Next stop, Police State.
Get off the dole and buy your own house. Then you can fly as many flags as you want.
Are they really going to waste time going to court over something as petty as flags? What is wrong with people? Grow up, hang your flags INSIDE your balcony, and deal with it! That's life!
This is America. All patriotic displays MUST be encouraged, and any likening to nazi flags is how a handful of subversive lawyers are disrupting the fabric of our way of life. It's about time that we stop allowing legal challenges to OUR way; OUR established traditions; and start jailing & eliminating these people if they even Try to use OUR courts to undermine OUR WAY OF LIFE! The Golden Rule (#1) says "Do unto others as you would have them do unto You", so these people have sure asked for us to now turn all of OUR Power against Them! Remember Golden Rule #2… Do unto others BEFORE they do unto You! We The People did not all get together and ask for their "help". We have OUR WAYS, and if they don't like OUR way then we need to get them the hell out of here NOW! No more "dancing around" with Muslims. Mexicans, Kenyans, Indonesians, fake Hawaiians and the like. If their actions do not make some Positive contribution to OUR society they are only here to hurt us, divide us, Destroy US. These people walking around wrapped in sheets are wearing the Uniform of the Enemy that apparently has only one purpose for living, and that IS to KILL US. Just look at their Homelands- they sure haven't done much to improve their own, so they come here full of resentment & hatred because WE HAVE! I'm sure not ready, nor do I have any desire to live in THEIR world…are You?
Someone need to read "the riot act" to the Phillipsberg Housing Authority – -the IS the USA; and, by the way, her flags are NOT "hanging" – -they are standing, proudly, on the rail!
…Hey Cindy How Is Jane Fonda These Days?, You to Still Keep In Touch…
So what if someone is offended? Fly it anyway! They'll live!
Political correct morons. The Stars & Stripes isn't just another flag!
Let's see.. she is allowed to hang laundry. So buy a few American flags the size of a bath towel and continually do your laundry! It's a cheesy workaround. But it would keep making the point that Americans will not be held down!
Every one in NJ SHOULD GET A FLAG AND GO VISIT PAUL Rummerfield……. AND THEN STICK THE FLAGS UP HIS ___________.
Hi Bro, Isn't that just like our home town. Did I see that she stated you can hang your laundry on the balcony. I wish I had Ms. Paulus's exact address. I would send her a pair of red, white and blue American Flag BOXER SHORTS!
Don, she lives at the O'Donnell Apts. The address is 235 So. Main St. Sorry don't know her apt. number, but as famous as she has become I'm sure she will get them, Lol.
Don, my Mom lived in these apartments for years and she had 3 American flags flying at all times. Yes the bracket was loose and rusted but she put tape around it and it was fine. I'd like to buy this woman bigger flags!!!!!!! What's wrong with these people, all they have to do is change the wording to say only American flags may be flown from their balconies.
Hundreds of thousands of Americans have given there lives the least we can do is fly the American flag for them
This isn't about free speech or the constitution or anything like that. The place she lives at says she's not suppose to have anything hanging. Why can't she just listen to the housing authority? How hard is that to follow? It's like them saying she's not suppose to have any pets in her home but "she loves her dog she's going to keep it anyway.
That's my grandma haha