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
I personally feel that we should hang our flags in a state of distress as our country is in serious trouble. These upcoming elections will determine the fate of our nation. It should be taken seriously.
I personally feel that we should hang our flags in a state of distress as our country is in serious trouble. These upcoming elections will determine the fate of our nation. It should be taken seriously.
If she had been in Germany, she would be flying the German flag! This is the United States of America, for goodness sakes! What is wrong with these people now a days?
LMFAO! THE BRACKET COMING LOOSE? Give me a break…..this is just too funny!
I can get this if the flag falls it can cause property damage it's not because of what it stands for all though it is still wrong
Does the name Barbara Fritchie ring a bell? Looks like history is repeating itself.
"Shoot if you must, this old gray head,…….."
WHAT it might offend someone from another country? hey they can go back to where ever country they came from! then they wouldn't have to see the American flag anymore!
WHAT it might offend someone from another country? hey they can go back to where ever country they came from! then they wouldn't have to see the American flag anymore!
WHAT it might offend someone from another country? hey they can go back to where ever country they came from! then they wouldn't have to see the American flag anymore!
WHAT it might offend someone from another country? hey they can go back to where ever country they came from! then they wouldn't have to see the American flag anymore!
Under the federal Freedom to Display the American Flag Act of 2005 passed by the U.S. Congress in 2006 and signed into law by President Bush on July 24, 2006, homeowners associations throughout the country may not prohibit the displaying of the U.S. flag, but they can regulate the "time, place, or manner" of display when "necessary to protect a substantial interest" of the condominium association. Also, homeowners regulations may not be inconsistent with the U.S. Flag Code given in Chapter 1, Title 4 of the United States Code.
The HOA is out of line here. Bravo to the lady for standing her ground.
Under the federal Freedom to Display the American Flag Act of 2005 passed by the U.S. Congress in 2006 and signed into law by President Bush on July 24, 2006, homeowners associations throughout the country may not prohibit the displaying of the U.S. flag, but they can regulate the "time, place, or manner" of display when "necessary to protect a substantial interest" of the condominium association. Also, homeowners regulations may not be inconsistent with the U.S. Flag Code given in Chapter 1, Title 4 of the United States Code.
The HOA is out of line here. Bravo to the lady for standing her ground.
As a member of the American Legion, Veterans of Foreign Wars and Disabled American Vets, I agree that anyone does have the right to display our Flag. However, if you wish to do so, familiarize yourself with the rules of the American Flag, never display a flag at night without proper lighting upon it, if not, take it down at sundown, LOL and you don't have to play "Taps" when you do. Never put a flag on a car or truck, it is disrespectful to the flag, the wind tears it up and ruins it. Next, (this my own thought) make sure it is MADE IN THE USA! Bumper stickers are fine, as long as the depicted staff is on the correct side, When a flag is to be retired, contact a local Boy Scout Troop, American Legion or VFW Post. They will see to it that the flag is properly destroyed.
Over my cold, hard, dead body would I remove my American flag! The people must rise up!
AMERICA HAS BECOME LIKE A "POLICE STATE" EVERYDAY MORE AND MORE RIGHTS ARE BEING TAKEN AWAY. I'M AFRAID THAT THIS IS BECOMING A FASHIST OR COMMUNIST COUNTRY. THE GOVERNMENT HAS DISTORTED HE LAWS IN AMERICA SO MUCH, THEY ARE UNRECOGNIZABLE. IT'S A FRIGHTENING THING.
SOMETHING HAS TO BE DONE ABOUT THIS. I WANT MY COUNTRY BACK.
Remember to vote!
Remember to vote!
To Cindy Madden, please explain why you are against First Amendment.
To Cindy Madden, please explain why you are against First Amendment.
Idiot administrator. Probably an obama voter. the flags are no hanging. They are posted much like a potted plant. Where is the teleprompter when needed?
It makes me angry to read that the government is punishing an officer for doing his job arresting illegal aliens, while at the same time bullying an elderly lady for displaying her love for our beloved country:
http://www.foxnews.com/politics/2012/08/03/sen-sessions-wants-answers-after-ice-agent-suspended-for-arresting-illegal/
It appears that the agenda of the current administration is to make sure Americans become second-class citizens.
It is truly a sad day in this nation. We have let ourselves rot.
“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."
Then in that case you use your brain and make the lease agreement read that the only flag that can be flown is the AMERICAN FLAG! If they don't like it. Too bad so fucking sad. Move the hell on.
Hillary for President. Go Hillary go. We need you.
Laundry can hang on the railings? Hmmm. Get a towel and/or shirt with the US flag on it and "permanently" dry it on the balcony.
And what makes a piece of cloth on a stick "not laundry" if laundry is allowed and no clear and present danger? Did anyone bother to ask if they were hanging out to dry?
I thought this IS *AMERICA? At least that is what I have been taught for MY 61 years on earth…so WHY NOT fly the AMERICAN Flags? I was also born in the SOUTH, which is what the Confederate Flag stands for! I LIVE in the South…so, IF I want to FLY my confederate flag as well…then SO be it!
It's our nation's flag. Big difference from a school or an organization's flag. Just say only our nation's flag or state flag can be flown. Why make things so complicated?
It's our nation's flag. Big difference from a school or an organization's flag. Just say only our nation's flag or state flag can be flown. Why make things so complicated?
we can burn our flag legally in the open, but, in some places we cant display it? how did this happen to us?
She's got the right idea! What is our country coming to? I don't mind LEGAL immigrants, and I try to be tolerant and respectful of other people's opinions…but this is America. Be Proud, Be Individuals, Be Respectful…or pack your bags and take a hike!
She's got the right idea! What is our country coming to? I don't mind LEGAL immigrants, and I try to be tolerant and respectful of other people's opinions…but this is America. Be Proud, Be Individuals, Be Respectful…or pack your bags and take a hike!
Cindy, obviously you are a democrat or a liberal, or just uninformed. The flag is not a republican symbol, a conservative symbol, and has nothiing to do with cancer. This flag is more than just a piece of cloth, it is the fabric of our Nation. Your family must be one of those whose folks never served this Nation and knew what it was to make sacrifices to preserve our way of life, so people like you could slander it. My heart swells with pride when I pledge my allegiance to this flag, with that pledge I am also pledging my allegiance to this Nation. You should be glad that folks like me do. SEMPER FI
There is more than "speech." The Flag Act of 2005, whereby congress acted so that no residential property management, including HOA's couldn't enforce any "rule" prohibiting the flying of the American Flag. The Nazi flag is not protected.
A pirate flag? What?
I can see where one of those little 2 oz flags could just barrel off that patio and literally stab someone thru the heart on the ground floor….my God people, what has happened to patriotism in this country?
The Housing Authority should be well within its right to disclose a provision that explains the "dress code" for the community. In an association there are rules, and the rule could be American Flags are the only flags to be flown just as easily as no flags at all. Fear of a frivolous lawsuit, political correctness, or simply someone's indignant offense postures the course of our national expression? Rather than use it as excuse to stifle the 1st amendment, it should be an opportunity to embrace the country we live in and what that flag represents as Americans.
"One Nation indivisible, With Liberty and Justice for all."
I personally could give a sh_t less about who is offended… Fly your American Flag Dawn Paulus! I'll join the rest of Americans who have pledged to defend you. And if any of you reading this choose to be one of those who want to make a statement by flying a Nazi Flag, Iranian Flag, etc… go ahead and fly your flag. Just be aware that if you choose to be an idiot and do so… you will most assuredly be identifying yourself as an idiot and you will most assuredly become a target… and in the end, you will make yourself easier to find for those that are hell-bent on disposing of idiots like you.
This is the 5th story that shows that common sense has been tossed off the bridge today! What is wrong with people these days?
This is the 5th story that shows that common sense has been tossed off the bridge today! What is wrong with people these days?
This is the 5th story that shows that common sense has been tossed off the bridge today! What is wrong with people these days?
Isn't it allowed in America to hang the American flag?
No other nation should fly High here.
The ridiculous argument that “Once you allow anyone to hang the American flag… someone (can) hang a flag that may be objectionable…" is completely invalid. You can say that about anything, anywhere. If someone hangs a confederate flag at their house and says they have the right to because city hall has a flag, does that mean city hall can longer have a flag either? If the lady is forced to remove the flag then how does that PREVENT someone from hanging out something else?
Then there's the safety argument that they are worried about it “coming loose.” There are three small flags, each weighing probably 20 ounces. I have never seen an obituary stating that someone suffered "death by flag". Why not back down now while they have a chance to avoid looking even more stupid?
The ridiculous argument that “Once you allow anyone to hang the American flag… someone (can) hang a flag that may be objectionable…" is completely invalid. You can say that about anything, anywhere. If someone hangs a confederate flag at their house and says they have the right to because city hall has a flag, does that mean city hall can longer have a flag either? If the lady is forced to remove the flag then how does that PREVENT someone from hanging out something else?
Then there's the safety argument that they are worried about it “coming loose.” There are three small flags, each weighing probably 20 ounces. I have never seen an obituary stating that someone suffered "death by flag". Why not back down now while they have a chance to avoid looking even more stupid?
I bet if a muslim hung a flag they wouldn't bother him.
they wouldnt and they better touch it with gloves
I bet if a muslim hung a flag they wouldn't bother him.
Sorry lady, you failed to read the lease you signed of your own free will…. this is not a freedom issue, it's a stupid lady issue.
MADNESS!
If the policy is that no one's allowed to hang anything from their balcony, then she isn't allowed to hang anything from her balcony. Period. Rules are rules…and this isn't even her property. Some places don't let you paint the walls, some don't let you have pets, this one doesn't let you hang things off the balcony.