Albany apartment complex bans American flags - Update: Flags Okay Again
Update (2:20 pm): ARRA News contacted KVAL News reporter Kim Quintero. She said the issue is resolved and the residents may fly their flags. Following are a few of her comments which she will share in her on-air evening KVAL news report: 'If people want to fly any flag of any nationality, it's their right' Flags are OK again at an Albany apartment complex after the property manager reviewed the policy and decided she didn't have the legal standing to ban flags from the exteriors of apartments and vehicles parked at the complex. "If people want to fly any flag of any nationality, it's their right," said Barb Holcomb with Oaks Apartments.Holcomb said she received different legal counsel that led her to believe she is wrong to ban the flags. "When a tenant rents the unit, the inside of the unit belongs to the tenant," Holcomb said Wednesday. "All automobiles and things attached to the automobiles are the personal property of the tenant." "I made a policy. I was wrong," she said.
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| By Melica Johnson KATU News and KATU.com: Apartment managers ban a lot of things, but in Albany, Ore., it is a ban on the American flag that has residents fuming. And if they don't take down their flags? Residents said they are threatened with eviction. Jim Clausen flies the American flag from the back of his motorcycle. He has a son in the military heading back to Iraq, and the flag - he said - is his way of showing support. "This flag stands for all those people," said Clausen, an Oaks Apartment resident. "It stands for the people that can no longer stand - who died in wars. That's why I fly this flag." |
Even long-time residents like Sharron White, who has flown a flag on her car for eight years, has been told to take it down. White said management told her that "someone might get offended." . . . management told them the flags could be offensive because they live in a diverse community.
The mother of one soldier fighting in Iraq put up a poster in her son's apartment window when she learned of the ban. Her son's roommate said he'll risk eviction to make sure it stays. Another Oaks Apartment resident, Judith Sherer, doesn't have a car. Instead she carries an American flag around the complex to protest the ban, and wonders if the flag pin she wears is next to be "singled out." The ban also includes . . . Even flag stickers on cars.
Ozark Guru (a vet): What happened, isn't Oregon in the United States anymore? Diversity my backside! This America and Americans fly the American flag. What right does management have to tell people to remove American flags stickers from their cars and motorcycles. Also, Good job National guard mom - keep that sign in your window! Jim Clausen - ride on brother!
H/T TexasFred who had a few choice words and identified the address of the apartment:
FLAG OFFENDER: Oaks Apartments, 1440 Geary Cir SE, Albany, OR 97322-6823 - (541) 967-1284
Other blogs posting story (If you post a story - we will add your link - leave comment):
America's Watchtower -- GM's Place -- TexasFred -- Planck's Constant
Tags: freedom of speech, Oregon, US, Flags, banning American flags To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 11:55 PM - Post Link
26 Comments:
Public law 109-243 / HR 42 Section 3
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.
Expressly public law since July 24,2006 and presumably constitutionally protected since December 15, 1791
This is Crazy, This apartment should move across the border in Canada. But I know alot of Canadians that display the Canadian and American flags. Anyways I found the management company. Keller Development Company Inc in Albany, Oregon (or)
Name: Keller Development Company Inc
Street: 1951 Ferry Street Southwest
Albany, or 97322-3915
Phone:(541) 926-9667 (541) 926-9667
This is Crazy, This apartment should move across the border in Canada. But I know alot of Canadians that display the Canadian and American flags. Anyways I found the management company. . . . .
Editor's Note:
The comment identified the contact info for Keller Development Company Inc in Albany, Oregon . However, we called and were advised that they do NOT own the Oaks Apartment. Thanks for the lead anyway.
Comment via post on TexasFred:
I just read a similar post over at Mr Pink Eyes on this same apt. complex. Political correctness has run amouck here. I don’t care if the apt. owners or managers decided to display a flag or not, but to stop others from doing so is no acceptable. As I understand this they are even requiring that flag stickers on the cars be removed. I know where I would like to plant my flagpole if I lived there. And believe this it would be a big one. If I could do that for a brief moment I would feel like those five marines and that one swabby who raised the flag at Iwo! I would really ram it home!
Comment via post on TexasFred:
The Complex probably belongs to “foreigners”… but… Oregon is loaded with moonbats and we know they are anti-America idiots.
I’m all for finding them and ramming a flagpole where the sun don’t shine! Glad I don’t live there.
I’ll compose a letter, may as well bombard them with unwanted mail telling them how screwed up they are.
Comment via post on TexasFred:
I can’t even think of the right four lettered words that would express just how much this seriously pisses me off!!
God help em if I find an email address…
Comment via post on TexasFred:
I suspect that the apartment owners would be rebuffed in court. They can decide what is displayed on their property, like buildings and such, but they can’t tell a car owner what stickers, etc. they can have on the vehicle, unless, perhaps, it’s pornographic.
I’m not a lawyer, so I could be wrong.
The more BS stuff like this goes on, the more angry decent people become. I believe their patience is running very short, these days.
Comment via post on TexasFred:
I know what my words would have been: TAKE ME TO COURT! I would keep them in the courts for years.
I am sending this out to some Google groups to drum up interest.
Fred and others, PLEASE let me know if anyone else posts a story and I will link to the story. Let’s make this go Viral!
One angry Veteran! How in the h-double hockey sticks (cleaned up :) does an apartment manager get to tell people to scrape flags off their cars windows and remove flags from their personal vehicles or inside their windows.
I might concede a flag outside of every apartment window – but that even makes the apartment owners real A-$%^& As for offending someone — Isn’t Oregon in the USA? Who owns this apartment – illegal aliens?
Comment via post on TexasFred:
JEEZ!
I fly TWO flags every day (They’re weather-proof) off the front porch of my home. In it’s proper place, on the left, is the US Flag, and on the right door post is the 1st National Flag of the Confederacy!
One of these days they will be joined by the 1861 state flag of North Carolina because it is the secession flag of NC. (North Carolina did not have a state flag until the War for Southern Independence.)
Seems to me this is plain ole 1st amendment stuff… “Freedom of Speech” which the Left is all for — so long as your speech happens to be in support of Leftists ideas and philosophy!
Well, this what we get in the United Socialist States of America — circa 2009.
JDL
Comment via post on TexasFred:
The most disgusting part of this whole story is that nobody has even complained about the flags, the owner is just afraid that someone might complain. She has been reduced to fear over being politically correct. If someone does complain, to hell with them. If they enjoy the benefits of living in this country let them be proud of the flag, if not, get out.
I understand that some complexes have rules on what a person can have outside their homes, some only allow a certain number of flagpoles in the neighborhoods, but this goes well beyond that. This is about the image of the flag, she even wants people to take flag stickers of off their cars.
This is what diversity gets us.
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Note: Mr PinkEyes posted story on America's Watchtower
[...]send the message that this will not be tolerated here. This man is an enemy of the United States and should be treated as such. I'm really getting tired of this kind of crap and I and many others have taken an oath to protect this nation from enemies both foreign and domestic.
Makes me want to fly up- there and spray paint the American flag on each apartment building.
The apartment manager is apparently unaware of Public Law 109-243 signed into law by President Bush in 2006.
Oh, and Bill, Fred, Posted on as well with H/T to both of you.
Comment via post on TexasFred:
*shocked*
Now this is something to wake up to. Interesting. At the end of the article it also states “The ban also includes sports flags and even flag stickers on cars”
How is this even legal?
Who gives a DAMN about someone being offended? People are ALWAYS offended, that means you’re doing something right. If they weren’t being offended than that means somewhere along the way you’re missing the mark.
How can you make citizens of a country stop flying THEIR flags? Damn this has me upset. Here in Texas I see so many damn Mexican flags…now that should be ILLEGAL. Jamaican, Brazilian, Italian, English flags hanging from the rear view mirror in cars…but we can’t fly the AMERICAN flag cause it is offensive.
I could just curse. I’m done…I don’t want to be anymore upset than I already am. You know I need to find an email address and I’m forwarding the story to folks i know.
Comment via post on TexasFred:
I was born there and grew up in Albany, OR. My parents still live there and I have many friends that live there. This was a blue collar town, nothing like Portland, 70 miles to the north where everyone tries to be weird. I don’t know what the manager is trying to do, but I think it is time that the owner of this complex and the manager hear from everyone that this will not be tolerated in America.
Comment via post on TexasFred:
A couple of residents just need to get a lawyer to send a demand letter threatening a law suit, naming both owner and manager, if the policy is not rescinded. I’d bet the owner and/or manager aren’t fiscally prepared for a long court battle…
WE WIN!!!
Talked with KVAL Reporter Kim Quintero, Apartment manager has reversed her position and FLAGS are allowed again. She ran a foul of a 9th Circuit Court decision When a tenant rents the unit, the inside of the unit belongs to the tenant,” Holcomb said Wednesday. “All automobiles and things attached to the automobiles are the personal property of the tenant.”
Can you believe it the 9th Circuit ever got a decision right.
Whatever. It’s over.
New story just posted at KVAL News:
‘If people want to fly any flag of any nationality, it’s their right’
http://www.kval.com/news/local/64260502.html
It only seems fair to share that a few minutes ago, the owner of the apartment complex called. His name is Stan Keller (not Kelley) and he was returning my prior call of the day. He is trying to return all the calls he can.
He is a Navy veteran and had not been contacted by his apartment manager prior to her decision although he has been supportive of her for trying to do a good job.
He said his manager was trying to follow the fair housing laws governing equal treatment of residents. Apparently, there are certain flags of groups and foreign renters which she could not stop without addressing all flags. She was unaware of the Court decision.
Although he did not cite the following example, image that you owned an expensive apartment complex and people were flying La Raza or Che Guevara flags.
As a fellow 6 year vet, he supports flying the American Flag.
He told me that our discussion was one of the more pleasant calls. He admitted that people have over reacted and that he received treats on his life. Which is in appropriate!
So if you get a call, please encourage him. The issue has been resolved!
What I thought was most telling about the newsclip was the ACLU was all for the ban...what a suprise
Comment via post on TexasFred:
Flying the flag does not make one patriotic.
Not flying the flag does not make one unpatriotic.
Not flying the flag for fear of offending someone is unpatriotic.
BTW, I linked to your article from The Offensive American Flag
Thanks, Ozark Guru for the great news!
KVAL News asked whether she had talked to the resident who originally went to the media with the story. Holcomb said no, although she said she would talk to him — and would have talked to him before he went to the media. Holcomb said he did not approach her before talking to KVAL News partner KATU.
“He’s just a romping, stomping patriot,” Holcomb said.
HA! Romping, stomping patriots kick butt
Comment via post on TexasFred:
Whew, I started reading this,and almost needed a blood pressure pill! Then I saw Roper’s post and smiled. I thought that the issue had been dealt with in the past.
Then the rest? Well, it’s Wild Turkey time, not blood pressure pill time.
Still gets me pretty damned hot that it happened in the first place…
What do you expect from Oregon?
Tell me about! I live in the Peoples Republic of Oregon and can't wait to get out of here! Actually, eastern Oregon is a totally different place.
I just want to say thank you to all across the country who stood against this. I live in Albany and I was appalled to pick up the paper and read this. I sent the story to several papers in hopes this would go national. Not all of us here in Oregon are bad! This cannot be tolerated. This is AMERICA, if our flag offends then go home!!!!!
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