Yesterday, President Bush signed into law the Freedom to Display the American Flag Act of 2005 (H.R. 42). Introduced by Representative Roscoe Bartlett (Maryland), the bill is directly based on CAI's long-standing public policy regarding the American flag.
Key elements of the bill include prohibiting associations from banning the display of the American flag, requiring flags to be displayed in compliance with the U.S. Flag Code, and permitting associations to put in place reasonable restrictions on the time, place, and manner in which flags are displayed.
You can check out a more detailed summary on our web site.
It is interesting to note that the bill applies only to the American flag and it reinforces the position that associations are businesses and subject to the business judgment rule, since it empowers associations to place restrictions on where, when, and how flags are displayed in their communities.
As many in the industry already know, flag issues crop up from time to time and are almost always related to how a flag is displayed and not to the actual display of the flag itself: 20 foot flagpoles in townhouse yards; 20 x 10 foot flags that snap like cannon fire; flags displayed disrespectfully and flags illuminated with mega-watts of light all night long are just some of the things that can cause controversy in communities.
As always, it is all about communicating what is acceptable and what is not, ensuring the rules reflect the nature of the entire community, and being a considerate neighbor.
