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Bush signs Bartlett flag protection law
Originally published July 25, 2006


By Clifford G. Cumber
News-Post Staff


WASHINGTON -- President Bush on Tuesday signed Rep. Roscoe Bartlett's bill to protect homeowners' rights to fly the American flag, sometimes against their homeowner association's wishes.

Mr. Bartlett, a Republican representing Western Maryland, said he was shocked to learn from constituent and flag dealer, Hugh Warner, that some homeowner associations and condos prevented the flying of the flag.

The Freedom to Display the American Flag Act of 2005 is effective immediately. It was signed at the White House in a private ceremony with the president, he said.

The legislation compromised between the right to fly the flag and the rights of the residential associations to protect the value of properties, Mr. Bartlett said.

Association rules that prevented the flag's display "were an inadvertent consequence of reasonable regulations that said you shouldn't do things that would depreciate your neighbor's property," Mr. Bartlett said.

The right to fly the flag is the first to pass from 10 bills called the "American Values Agenda," which includes protections for the public display of religion, tax relief for families, prohibition of cloning and defining marriage as between one man and one woman. The agenda was developed by House leadership.

"The American Values Agenda is a collection of legislative initiatives that speak to the values many American citizens hold dear," House Majority Leader John Boehner, an Ohio Republican, said in a press release.

According to CNN, the package aims to energize conservatives before the midterm elections.

In a press release sent in late June, National Independent Flag Dealer's Association President Lori Watson said people in every state were affected by the law that banned the flying of the U.S. flag.

"I've had WWII veterans in tears, calling me and begging us for years for our help so they can fly the American flag," she said.

Under the legislation, no condominium association, cooperative association or residential real-estate management association can adopt or enforce a policy restricting members of the association from flying the American flag on their residential properties.

But it would permit "any reasonable restriction pertaining to the time, place or manner of displaying the flag."

Eleven states have similar laws.



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