Medal of Honor recipient Sued for flying Flag

[IndyGunworks]

Henrico Medal of Honor winner, 90, ordered to remove flagpole | Richmond Times-Dispatch

Henrico Medal of Honor winner, 90, ordered to remove flagpole

JOE MAHONEY/TIMES-DISPATCH


Medal of Honor winner Col. Van T. Barfoot is being ordered to remove a flagpole from his yard in western Henrico County.


By Staff Reports
Published: December 2, 2009
Updated: December 2, 2009
» 136 Comments | Post a Comment

18
votes​

Buzz up! Col. Van T. Barfoot, one of the country's last-surviving Medal of Honor winners, is under the gun from his Henrico County community's homeowner association.
In a five-paragraph letter to Barfoot that he received yesterday, Barfoot is being ordered to remove a flagpole from his yard. The decorated veteran of three wars, now 90 years old, raises the American flag every morning on the pole, then lowers and folds the flag at dusk each day in a three-corner military fashion.
In a priority mail letter, the Coates & Davenport law firm in Richmond is ordering Barfoot to remove the pole by 5 p.m. Friday or face "legal action being brought to enforce the Covenants and Restrictions against you." The letter states that Barfoot will be subject to paying all legal fees and costs in any successful legal proceeding pursued by the homeowner association's board.
Barfoot lives in the Sussex Square community in far western Henrico; its board of directors rejected a plea from Barfoot in July to approve the pole, disallowing the fixture on aesthetic grounds.
There is no provision in the community's rules expressly forbidding flagpoles, Barfoot's daughter said. But she said the board ruled against her father's fixture and ordered it removed in July, deciding that free-standing flag poles are not aesthetically appropriate. Short flag stands attached to porches dot the community.
"Dad sort of feels like this is the end," said Margaret Nicholls, Barfoot's daughter, who lives a few doors away. But she said this morning that she and her husband are attempting to generate support for her father's cause, a flag-raising rite that he has undertaken for most of his life.
Barfoot received the Medal of Honor on the battlefield during World War II in Italy and fought as well in the Korean and Vietnam wars. A portion of a highway in rural Mississippi, his native state, was named in his honor this fall. A building at McGuire Veterans Hospital in Richmond also carries his name.
Barfoot began regularly flying the flag on Veteran's Day this year despite the Sussex Square board's decision.
He said in November that not flying the flag would be a sacrilege to him.
"There's never been a day in my life or a place I've lived in my life that you couldn't fly the American flag," he said.
For more on this story, see tomorrow's Richmond Times-Dispatch.
-- Bill McKelway

 

[Cain71]

This is what's wrong with the whole country,this fellow ought to declare seniority. People have made rules and regulations with no thought for the price paid for their right to complain,its a flag pole in which this guy pays respect to a country that he believes in. And he should be able to do this without a bunch of a-holes from the homeowners association complaining about it. The president of this association probably lets his dog crap in peoples yards ( dont know if he has a dog but this is how this strikes me). I'm not that old and would like to know ,when it became unfashionable to fly the flag,and respect the feelings of a Great generation. The man is 90,served his time and wants to show support in what he believes in,a rule change is in order or these people just need to get out of this country,its our flag,love it or leave it. rant

 

[ratfortman]

Now this just burns me up,i hope they get all kinds of heat over this. Think I will call/email them myself. Seems like I remember a "Freedom to Fly Act of 2005" that can supersede any HOA covenants.

 

[ratfortman]

The name of the company representing the HOA is Coates and Davenport and they can be reached at 804 285 7000 or 800 450 8311.

 

[rambone]

The name of the company representing the HOA is Coates and Davenport and they can be reached at 804 285 7000 or 800 450 8311.

INGO! Call these scumbags and tell them to leave Col. Van T. Barfoot alone!!

 

[Bill of Rights]

From: CMOHS.org - Second Lieutenant BARFOOT, VAN T., U.S. Army


BARFOOT, VAN T.


Rank: Second Lieutenant
Organization: U.S. Army

Company:
Division: 157th Infantry, 45th Infantry Division

Born: Edinburg, Miss.
Departed: No

Entered Service At: Carthage, Miss.
G.O. Number: 79

Date of Issue: 10/04/1944
Accredited To:

Place / Date: Near Carano, Italy, 23 May 1944

Citation
For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.

Col. Barfoot did not "win" the CMH, any more than anyone ever has.

He earned it.

These ___________ should be standing there and saluting the flag as he raises it!

Thank you, Col. Barfoot, for your service to our country. God bless you, sir!

Bill

 

[IndyGunworks]

The name of the company representing the HOA is Coates and Davenport and they can be reached at 804 285 7000 or 800 450 8311.

this is the attornies phone number, and i do not know which side they are representing, i did leave a nasty although it was with an attractive sounding young lady who said the lawyer was unavailable... dont know if this is the right number or not....

i told her she should be expecting plenty of phone calls and she said "as i have been all day" then very blatantly (although politely) told me to have a nice day that she had work to do...

keep up the good work!!! if someone else calls please try to find out which side this attorney is representing, if its our guys side, i will offer some donations, if its the hoa then well, ill keep calling

 

[TopDog]

The name of the company representing the HOA is Coates and Davenport and they can be reached at 804 285 7000 or 800 450 8311.

I called just now. I was directed to the voice mail of the attorney representing the case. I left a message. The receptionist who answered the phone seemed more than slightly annoyed (as if she has received many phone calls about this case) and she new exactly which case I was called about as soon as I said "flag pole".

 

[mrjarrell]

Nothing against his valiant service here, but I don't see where he gets a free pass. He signed a contract and now doesn't want to live within the boundaries of said contract. He had, and still has the choice of not living under his contract. Just sell the property and move. He really shouldn't have moved there in the first place if he didn't want to live under the HOA contract. Sorry, I can't give him a pass on this, regardless of his military service status and bravery in the past. A contract is a contract. The HOA is seemingly holding up their end. Where's the honour in not upholding his end of the bargain?

 

[Bastispah]

i called and left a message. i couldnt tell either.

 

[Bastispah]

I can see your point, but ITS A FLAGPOLE FOR CRYING OUT LOUD!!! not an old sofa, or a rusty car

 

[jedi]

What I really want to say would cause an infraction from the MODs. So lets just sum it up with a .

 

[TopDog]

Nothing against his valiant service here, but I don't see where he gets a free pass. He signed a contract and now doesn't want to live within the boundaries of said contract. He had, and still has the choice of not living under his contract. Just sell the property and move. He really shouldn't have moved there in the first place if he didn't want to live under the HOA contract. Sorry, I can't give him a pass on this, regardless of his military service status and bravery in the past. A contract is a contract. The HOA is seemingly holding up their end. Where's the honour in not upholding his end of the bargain?

What are you talking about a free pass? Number one, if it came down to a free pass Yes he does rate a free pass and more. Number two this isn't about a free pass. As noted in the original post there is nothing in the rules that forbids a flagpole. So why would you say he is trying for a free pass? It seems to me if no one complained why deny it? Maybe we don't have the full story but it doesnt set right with me. The man deserves more respect than what he is getting.

 

[dburkhead]

Posted to my livejournal account: excerpt from the article, the citation, the phone numbers, and a note "What folk decide to do with that information is their own business."

 

[dburkhead]

Nothing against his valiant service here, but I don't see where he gets a free pass. He signed a contract and now doesn't want to live within the boundaries of said contract. He had, and still has the choice of not living under his contract. Just sell the property and move. He really shouldn't have moved there in the first place if he didn't want to live under the HOA contract. Sorry, I can't give him a pass on this, regardless of his military service status and bravery in the past. A contract is a contract. The HOA is seemingly holding up their end. Where's the honour in not upholding his end of the bargain?

From the article: "There is no provision in the community's rules expressly forbidding flagpoles...."

Looks to me like they're the one's trying to change the rules on him.

 

[Fletch]

As noted in the original post there is nothing in the rules that forbids a flagpole.

But there must be something about the board being able to set aesthetic standards, otherwise they'd have no grounds for a lawsuit.

 

[OneBadV8]

There is no provision in the community's rules expressly forbidding flagpoles, Barfoot's daughter said. But she said the board ruled against her father's fixture and ordered it removed in July, deciding that free-standing flag poles are not aesthetically appropriate.

Nothing against his valiant service here, but I don't see where he gets a free pass. He signed a contract and now doesn't want to live within the boundaries of said contract. He had, and still has the choice of not living under his contract. Just sell the property and move. He really shouldn't have moved there in the first place if he didn't want to live under the HOA contract. Sorry, I can't give him a pass on this, regardless of his military service status and bravery in the past. A contract is a contract. The HOA is seemingly holding up their end. Where's the honour in not upholding his end of the bargain?

 

[hornadylnl]

Having the local and state nazis telling you what you can and can't do with your property is bad enough, let alone having nosy neighbors who have nothing better to do than try to tell you how to maintain your property. My brother lives in an HOA and likes the "notorioty" it bringsbut then complains when they get on him about weeds, etc. I'd rather live in a trailer park than an HOA.

 

[dburkhead]

But there must be something about the board being able to set aesthetic standards, otherwise they'd have no grounds for a lawsuit.

So if they decided that an occupant's epidermal melanin content was an "aesthetic standard" would that be OK?

 

[IndyGunworks]

if it were a flower bed, i might understand... but he is a MOA earner trying to fly an american flag.... when they clearly stated they had no problem with smaller american flags... unless i am missing something, i dont think ANY hoa should be allowed to tell you how to, or not to, fly an american flag.