Retired Army veteran Tony Cumberworth, 73, says the American flag flying in front of his home has been posted in his yard for 20 years and he wasn’t about to take it down.
Last week, Cumberworth’s homeowner’s association sent him a letter telling him to remove the flag and pole in four days or he would be fined $50 a day.
“I fought for this country, my son fought for this country — I do not understand them trying to take away my rights,” Cumberworth said.
Cumberworth took the fight to the homeowners association after he combed the bylaws and the covenant and said he didn’t find anything about flying a flag. Nearby neighbors said if there were complaints about the flag, they didn’t come from them.
Cumberworth says he’s displayed Old Glory at every home he’s ever had from California to Alabama, and says Georgia will be no different.
“This is America and nobody can tell me that I’m not allowed to show my patriotism,” he said.
Shortly after the Investigators left the neighborhood, Cumberworth called and said the HOA sent him an email reversing their position. It read:
“Please disregard the code violation notice. It was sent to your home in error. We truly thank you for your service in Vietnam and your American flag can stay in your yard as long as your desire.”
Mr. Cumberworth, thank you for your service and thank you for standing up for Old Glory once again.
Please share this post on Facebook if it makes you happy to see Tony Cumberworth win out over the intolerant liberals who tried to stop him from showing his patriot gesture.
H/T: USA TODAY
I also am a Viet Nam Era Veteran, serving stateside in the U. S. Air Force.
I experienced the same insult from the HOA in my Baytown TX neighborhood, and quoted the HOA the following Federal Law. They quickly sent a letter of apology and my Flag Of The United States proudly waves.
H.R.42 – SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
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 a member of the association from displaying the flag of the United States 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.
The Freedom to Display the American Flag Act of 2005
This bill was enacted after being signed by the President on July 24, 2006. The text of the bill below is as of Jul 19, 2006 (Passed Congress/Enrolled Bill).
H.R.42
One Hundred Ninth Congress
of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
An Act
To ensure that the right of an individual to display the flag of the United States on residential property not be abridged.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Freedom to Display the American Flag Act of 2005′.
SEC. 2. DEFINITIONS.
For purposes of this Act–
(1) the term `flag of the United States’ has the meaning given the term `flag, standard, colors, or ensign’ under section 3 of title 4, United States Code;
(2) the terms `condominium association’ and `cooperative association’ have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603);
(3) the term `residential real estate management association’ has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
(4) the term `member’–
(A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association;
(B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and
(C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.
SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
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 a member of the association from displaying the flag of the United States 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.
SEC. 4. LIMITATIONS.
Nothing in this Act shall be considered to permit any display or use that is inconsistent with–
(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or
(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
It’s what happens when you shine a light on a cockroach.
We need more like you Sir Thank you from all my brother and sisters we love this flag we wear it on or uniform with pride you are a true brother GOD BLESS AMERICA AND OUR FLAG HOOAH
In Florida, the flying of the US flag and several others is protected by state law and overrides any rule by an HOA.
Any homeowner’s association that would require you to take down either your country’s flag or your state’s flag should be arrested for Treason and shot. Anyone that is offended by American flag can come to my door and get a free AR-15 round right between the eyes. Or you can move out of the USA your choice……
That is why I do not live in a neighborhood dictated to by a HOA (r).
First I read about military members not being able to sing ! Pray, or give the acknowlegement to god and now this****this is America we honor God and fly our flag!
Yeah,They(HOA) are sorry alright,worthless POS.I dare them or anybody else to tell me I can’t fly my flag in my yard.
We need more Patriots like this man to stand up for his constitutional rights before we loose it all. It is things like this they try to use against us, mostly just to see if they can get away with it. You would be surprised just how many people would not have questioned their Home owners association.
Good Job Tony and Thank you for your service to your country.
A “Veteran” whether active duty, discharged, retired, or reserve is somebody who, at one point in his life, wrote a blank check made payable to “The United States of America”, for an amount “up to, and including, his life”. That is honor, and there are way too many people in this country today who no longer understand that fact. I don’t know who came up with that originally but it is very true.
CW3 Terry R. Cornell, USA (RET)
The complainer and the person who sent the notice needs to be identified.
No mistake. Harassment would have continued if the news hadn’t showed.
I experienced the same insult from the HOA in my Baytown TX neighborhood, and quoted the HOA the following Federal Law. They quickly sent a letter of apology and my Flag Of The United States proudly waves.
H.R.42 – SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
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 a member of the association from displaying the flag of the United States 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.
The Freedom to Display the American Flag Act of 2005
This bill was enacted after being signed by the President on July 24, 2006. The text of the bill below is as of Jul 19, 2006 (Passed Congress/Enrolled Bill).
H.R.42
One Hundred Ninth Congress
of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
An Act
To ensure that the right of an individual to display the flag of the United States on residential property not be abridged.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Freedom to Display the American Flag Act of 2005′.
SEC. 2. DEFINITIONS.
For purposes of this Act–
(1) the term `flag of the United States’ has the meaning given the term `flag, standard, colors, or ensign’ under section 3 of title 4, United States Code;
(2) the terms `condominium association’ and `cooperative association’ have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603);
(3) the term `residential real estate management association’ has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
(4) the term `member’–
(A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association;
(B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and
(C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.
SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
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 a member of the association from displaying the flag of the United States 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.
SEC. 4. LIMITATIONS.
Nothing in this Act shall be considered to permit any display or use that is inconsistent with–
(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or
(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I also am a Viet Nam Era Veteran, serving stateside in the U. S. Air Force.
It’s what happens when you shine a light on a cockroach.
We need more like you Sir Thank you from all my brother and sisters we love this flag we wear it on or uniform with pride you are a true brother GOD BLESS AMERICA AND OUR FLAG HOOAH
In Florida, the flying of the US flag and several others is protected by state law and overrides any rule by an HOA.
Any homeowner’s association that would require you to take down either your country’s flag or your state’s flag should be arrested for Treason and shot. Anyone that is offended by American flag can come to my door and get a free AR-15 round right between the eyes. Or you can move out of the USA your choice……
That is why I do not live in a neighborhood dictated to by a HOA (r).
First I read about military members not being able to sing ! Pray, or give the acknowlegement to god and now this****this is America we honor God and fly our flag!
Yeah,They(HOA) are sorry alright,worthless POS.I dare them or anybody else to tell me I can’t fly my flag in my yard.
We need more Patriots like this man to stand up for his constitutional rights before we loose it all. It is things like this they try to use against us, mostly just to see if they can get away with it. You would be surprised just how many people would not have questioned their Home owners association.
Good Job Tony and Thank you for your service to your country.
A “Veteran” whether active duty, discharged, retired, or reserve is somebody who, at one point in his life, wrote a blank check made payable to “The United States of America”, for an amount “up to, and including, his life”. That is honor, and there are way too many people in this country today who no longer understand that fact. I don’t know who came up with that originally but it is very true.
CW3 Terry R. Cornell, USA (RET)
The complainer and the person who sent the notice needs to be identified.
No mistake. Harassment would have continued if the news hadn’t showed.