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Marine Vet Fights Battle to Fly Flags

A combat veteran is in a battle over a patriotic display outside his home. Former Marine Captain Jim Lowe tells FOX 5 the management at his community is trying to force him to take down either his U.S. flag, or his Marine Corps. colors. Lowe, a decorated veteran, says he's been flying the U.S. flag along with the Marine Corps. colors for more than two years. But now, he says his Sun City community's management is asking him to take one of them down. If he doesn't, he says they've threatened to fine he and his wife $25 per day, as well as other possible legal action. The community's codes and covenants clearly state that only one flag can be flown per house. Lowe maintains the Marine Corps colors is not a flag. I don't consider it a flag, he told FOX 5. Most people don't. You talk to any Marine. Those are the colors. That is the flag. Lowe says he has sent a letter to management asking them to retract the violation notice, but he has not received a reply yet. FOX 5 tired to contact the community's management group, but they have not responded yet.

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  1. Mottlee
    Mottlee Jul 30, 2013

    STAND FIRM!

  2. 11089255
    11089255 Jul 30, 2013

    What the hell is this country coming to when an American and decorated Marine veteran cannot be proud of his country and his beloved Marine Corps. I am sure that all of us United States Marines will stand behind you. Semper Fi.

  3. AJG45
    AJG45 Jul 31, 2013

    He agreed to the rules and protective covenants when he purchased the house. He should live with them. If someone he had a contract with him that they decided they wanted to break, I have no doubt he scream bloody murder and sue them. Why should everyone else have to follow the rules and not him? He should be an embarrassment to all the rest of us who have served. As to not considering the Marine Corps Colors to be a flag, BS. If you don't like the rules, buy someplace else. If you sign the contract, live with it.

  4. jsalyer
    jsalyer Jul 31, 2013

    Typical of the bleeding heart idiots that have never wore the uniform. They will never understand the honor of flying the colors. I am former Air Force and I am proud of this Marine, as I am of all Marines. What a disgrace for a community to tell him to take either one of the displays down. I would be honored to have him as my neighbor. Go Marines!

  5. twright21
    twright21 Jul 31, 2013

    I'm not a bleeding heart and I think he should take it down, and i am a retired Marine also. He signed the contract. All he has to do is go to the home owners association meeting and ask to fly the flag. Have a vote at the HOA meeting not make a fuss like this. Why is it that some people have to follow the rules and some don't??? If you don't like the rules vote to change them...I have people in my HOA that never participate in the meetings but always find something to complain about.

  6. 30998406
    30998406 Jul 31, 2013

    The 2012 Florida Statutes Title XL REAL AND PERSONAL PROPERTY HOMEOWNERS' ASSOCIATIONS Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property,regardless of any covenants,restrictions,bylaws,rules,or requirements of the association,if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement.The homeowner may further display in a respectful manner from that flagpole,regardless of any covenants,restrictions,bylaws,rules,or requirements of the association,one official United States flag,not larger than 41/2 feet by 6 feet,and may additionally display one official flag of the State of Florida or the United States Army,Navy,Air Force,Marines,or Coast Guard,or a POW-MIA flag.Such additional flag must be equal in size to or smaller than the United States flag.The flagpole and display are subject to all building codes,zoning setbacks,and other applicable governmental regulations,including,but not limited to,noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

  7. RT841
    RT841 Jul 31, 2013

    A flag pole screwed into the siding will damage the siding. She can drape the flag over the railing.

  8. USS8807
    USS8807 Jul 31, 2013

    Rules are rules, as a Marine Veteran he should know this better than most. If you don't like it you shouldn't have signed the contract. If it's too much for you to abide by the rules then MOVE.

  9. FurryFrankie
    FurryFrankie Aug 02, 2013

    One of the many reasons HOA groups suck the big one.

  10. rdjc
    rdjc Aug 06, 2013

    contact your state senator. they passed a bill saying that hoa's had no jurisdiction over the American Flag. your congressmen and women should be willing to help also. and dont forget the American Legion. A Navy Vet Ron Cameron

  11. 31018728
    31018728 Aug 07, 2013

    Vets together stand tall Marine this soldier has your back

  12. 30984483
    30984483 Aug 07, 2013

    Tell the ones who do not want to fly Marine Colors to go to hell ! THE ARMY,Navy,Air Force and MARINE CORP.But wait you're a Vietnam VET, you have no rights , We lost the war so they think ! Piss on the HOA. FLY YOUR FLAG MY FRIEND A VVA A CO, 2/502 101st Airborne Div. 1965 to 1970 William Carrell Semper Fi

  13. 27994929
    27994929 Aug 07, 2013

    Semper Fi Sir, the people that make the rules in your housing addition obviously have never served otherwise they would know the true meaning and difference between the Marine Corps Colors and the American Flag. Stay strong and know you are supported. Semper Fidelis Lcpl Derek A.Schmidt(Veteran)

  14. Valmunroe
    Valmunroe Aug 07, 2013

    that community needs to get their head on straight. the federal govenment for a change, should get on this debate and faulty ruling.

  15. dafarber
    dafarber Aug 07, 2013

    I am retired from the Army and I have been flying the American and Army flag in from of my house for 18 years. Go Jim! https://www.google.com/maps?q=&layer=c&z=17&iwloc=A&sll=37.215998,-76.615053&cbp=13,333.2,0,0,0&cbll=37.215733,-76.614885&ei=J8QCUsi8KeaWiAK-t4HgBA&ved=0CCsQxB0wAA

  16. 23634605
    23634605 Aug 07, 2013

    God bless u and America USN Vet KEEP our flag and your colors flying forever

  17. Ret_CWO
    Ret_CWO Aug 08, 2013

    Didn't want to go on camera equals CS SOBs

  18. wingrider6
    wingrider6 Aug 08, 2013

    When will it end? We see all the time these people who move into these communities with rules/covenants, they agree to the rules then once there think they should have some right to violate the rules in the name of "patriotism." I would never live in a place like that, nor would I ever agree to such rules. BUT--if I did--then I would be obligated to follow those rules! I'm as patriotic as the next, conservative, retired military but--if you agree to rules live with what you agreed to--or move!

  19. 20869456
    20869456 Aug 09, 2013

    These associations have a purpose "to a point". Unfortunately that "point" is very subjective to those that must enforce the rules. So many areas are using associations that in some places you can't find a place to live that doesn't have one. Anyhow, even though he is correct stating he is flying the U.S. flag and the Marine Corps colors", many view them as one in the same. Petition the neighbors for their views/opinions and bring it up at the next association meeting. I lived in an association once, learned a lot bout them, hate them, and will never live in one again. Last, I hope he keeps both the flag AND Marine Corps colors flying..

  20. 30835635
    30835635 Aug 11, 2013

    AJG45... you are an embarrassment. It may be in the contract but it is not considered a flag. Do you not have pride for your country? Have you never questioned rules? Apparently you must be perfect.... only that you are not. Get over yourself and if you have indeed served try taking pride in that. Honor, Courage and Commitment... ideals you do not seem to have based on your rude comment. I applaud this man and hope that he is able to display his accomplishments.

  21. 8925556
    8925556 Sep 14, 2013

    Marine Corp Banner is not a flag!

  22. RT841
    RT841 Sep 16, 2013

    His argument is flawed. From the civilian point of view its a flag. He has to find another argument for flying it.

  23. 18863844
    18863844 Sep 17, 2013

    Captain, You will never reach these morons who don't know the difference between a flag and a banner for they know not the difference between their a$$ez and a hole in the ground. To those of us who served proudly, it speaks of heroism,sacrifice,devotion to duty, and sorrow for our dearly departed comrades. To those naysayers in this post..this old Navy Chief says kiss our collective a$$es. DBF!!!

  24. 24414450
    24414450 Oct 06, 2013

    This is a case of not following the rules. Being a veteran does not exempt you from them. If you look up the word "colors" a flag is listed. He played his vet card but I hope he can resolve it before he gets taken to court. Before you buy a property read the covenants of the HOA.

  25. 29237169
    29237169 May 18, 2014

    Home Association in a way sucks! Especially those that have not served! They are just jealous! That is all! I personally hate this HOA Bull Crap requirements! Especially on the display or our flags. 31 years of service is good enough for me. But some of these HOA management folks; just don't get it! God bless America, the land of the free and the home of the brave!!!! Hooorahhh! Semper Paratus, SCPO, USCG Ret.

  26. Tncx3
    Tncx3 4 weeks ago

    H.R. 42 (109th): Freedom to Display the American Flag Act of 2005 Introduced: Jan 4, 2005 (109th Congress, 2005–2006) Status: Enacted — Signed by the President on Jul 24, 2006 Law: This bill became the law numbered Pub.L. 109-243. The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress. 7/24/2006--Public Law. Freedom to Display the American Flag Act of 2005 - States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association. http://www.gpo.gov/fdsys/pkg/BILLS-109hr42enr/pdf/BILLS-109hr42enr.pdf

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