Short Pump WWII Vet Garners National Media Attention Over Flag Pole Dispute
90-year old World War II veteran and Medal of Honor recipient Colonel Van T. Barfoot is receiving national media attention as the Sussex Square Homeowners’ Association demanded earlier this week that he remove from his front yard a free-standing flagpole.
Barfoot received a letter this past Tuesday from the Coates & Davenport law firm in Richmond ordering that the flagpole, on which he proudly displays the American flag, be removed by 5:00 p.m. Friday, December 4. Barfoot had originally petitioned his neighborhood’s homeowners association for the permission to erect the flagpole in July, but the request was denied because the association claimed it breached its covenants. According to neighbors and friends of Barfoot, the pole appeared in his front yard off and on since July and has remained in his front yard since Veteran’s Day. An emergency association session held Thursday due to media pressure resulted in an extension of Barfoot’s deadline to remove the pole to next Friday, December 11.
Barfoot raises the flag on his Henrico property every morning and lowers the flag every evening at dusk, meticulously folding it in the military three-corner style. A veteran who served in World War II, Korea, and Vietnam, he believes that not hanging the flag in his front yard would be irreverent.
Since the dispute’s beginning, Barfoot has received a wealth of support local Richmond residents, as well as from across the country after receiving coverage from Fox News, the New York Times, and from the creation of a Facebook Fan page that supports Barfoot’s decision to hold on to his flagpole. The page currently has over 4,000 fans and augments by the minute.
Facebook user Jan-Marie Johnson Bagent of the Richmond area expressed her support for Barfoot on the Fan page: “I believe your service to this country should allow you to fly your flag wherever and whenever you please! It is a sad time we live in when the American flag is considered a nuisance. I value your service to this country and greatly appreciate the sacrifices that you have made. Thank you Col[.] Barfoot!!!”
Senator Mark Warner has also openly shown his support for the Colonel’s decision to keep his flagpole. On his Twitter page on Wednesday, Warner wrote, “Col Barfoot’s a true hero & has my full support – decision just plain wrong & our office will try to help resolve [the] situation[.]”
Barfoot has also accepted support in the form of free legal representation from the Richmond law firm of Marchant, Honey & Baldwin.
In a statement released Tuesday evening, the homeowners association states that this dispute is not a matter of freedom of speech. “This is not about the American flag. This is about the flagpole.” The association affirms that Barfoot has the right to hang the flag from a smaller, angled flagpole mounted to his home, just as many of his fellow neighbors have done. The exact reasoning for the association’s covenant against free-standing flagpoles is not known, but it is speculated that worry stems from the possibility that a pole in a resident’s front yard could depreciate property value.
In an article published by the Richmond Times-Dispatch on Wednesday, Barfoot explains why he objects to hanging the flag from the angled pole. “Where I’ve been, fighting wars, displaying the flag, military installations, parades, everything else, the flag is vertical. And I’ve done it that way since I was in the Army.”
Residents of the Sussex Square community are torn as to whether Barfoot should be allowed to keep the flagpole in his yard or be forced to remove it. Some residents believe his service in the country’s military warrant him the right to a free-standing flagpole for the American flag, while others believe he should abide by the rules of the homeowners association as they do.
A friend of the Barfoot family describes Barfoot as so humble that he is equally upset over violating the homeowners association’s covenants as he would be saddened if he did not hang his flag on the flagpole. Over the next week as the deadline for removing Barfoot’s flagpole nears, residents of Henrico Country, the surrounding Richmond area, and the rest of the country will be watching to see if the flagpole stands tall or disappears from view.
Interact: What are your opinions of Col. Barfoot’s case? Should he be forced to remove his flag pole by his Homeowners’ Association or granted an exception and be allowed to keep his flag flying? Sound off in the comments below.
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There is a very simple soulution….just make an exemption allowing the flag pole to all recipients of the Medal of Honor.
I like Bill’s solution to this paticular event. The HOA would most likely never have to worry about it being a problem again.
The sad part to me is that this rule was ever made in the first place. What the Colonel has increased the value of and complimented the look of his home.
This American hero deserves our respect, not our hassle. The homeowners’ association needs to quickly drop this.
My heart goes out to Col. Barfoot for being in this predicament. They HOA should not worry, at this point, about the flag pole depreciating the value of the house, but rather the HOA depreciating the value of the neighborhood. Who is going to want to live there now after this controversy? Barfoot has done a major service for our country on multiple occasions, and as a country that provides freedom of speech, and honor for our veterans, I believe the LEAST the HOA could do is to let him raise his flag on the pole.
Number one, I have to ask who was there first. The veteran and his flag, or the HOA. Was he flying the flag on the pole before the HOA existed, or did he start the pole after the HOA was in place. Aside from that, I have seen HOAs to be unpredictable at the least, and not dependable at the worst. From personal experience I have seen a situation where a property buyer submited plans to build a house, plans were approved by the local HOA, then said future homeowner turned around and built what has been repeatedly described as a bricked up double-wide mobile home, which very obviously would have a more extensive effect on property values than a flagpole. Said HOA did nothing about said situation. I think in general, the HOA should just leave the veteran alone, before they end up with even more mud in their face.
I can’t believe this has even gotten so far. HOA’s should follow GUIDELINES – there are a number of things that can come up to be exceptions to the rule. The man is 90 years old, a Colonel, a decorated veteran, and a proud American. Leave him alone. The members of this man’s HOA all look like a bunch of jackasses. Suck it up, cupcakes, and leave the man alone!
This is the reason I’ll never live in a neighborhood with a HOA. These HOAs are made up of drunken retirees, old biddys and fat, bored, angry housewives with nothing else to fill their miserable lives than to share their wealth of misery and discontent with others having a good time while living their lives with individuality. These HOA ‘elders’ have lost all power and control of their lives. Their children are gone. Their spouce has disassociated themselves from their equally miserable living situation. They are just living out their lives in angst until they end up rotting in a box. Unless this patriotic revered American with a strong sence of partiotism is running a meth-fueled brothel out of his back room that doubles as a Church of Satan, leave him alone and go back to brow-beating your husbands.
Some people don’t get it. The association is not out to GET this guy. He’s a hero — that is not the question. What if it was a convicted rapist who wanted to build a flagpole and raise the flag? Would everyone be on HIS side? Probably not. Just shows how hypocritical some people are when it comes to “patriotism” and the flag. It’s just a flagpole.
The laws of the association are NOT preventing him from flying a flag, just from building a pole to fly it! He can fly a flag attached to a pole on his house, or he can move somewhere else where there is no homeowners association!
Quit making this a liberal vs. conservative, Republican vs. Democrat issue.
Given the rarity of living Medal of Honor recipients, Sussex Square should be honored that he lives there. My casual understanding from all the media hype is that the neighborhood bylaws do not specifically ban the use of a flagpole, and that it is the HOA Board’s decision. You would think they could give some leeway for this particular situation.
Again, this hero is taking up a fight for all of us that we should join him in. Solutions like making an exception for him is not a true honor. A true honor to him would be to make sure everyone in his nation has the same right that we all believe he should have. Every person in this nation does have the right to fly our nations flag and a responsibility, as Col. Barfoot stated, to respect the flag and fly it properly.
Raise briskly at dawn
Lower slowly at dusk
Lighted in the dark
Removed in the rain
How much longer is this man going to be around? He is 90 years old and served in 3 different con-
flicts. Surely someone has got to stop and reconsider their actions. We make exceptions for some of our Sports Hero’s, why not for an American serviceman? This man is a true Patriot! Make an exception for him,and the USA. It’s the right thing to do.
He fought to protect our freedoms. He fought to protect the HOA and their right to try to support their by laws and covenants. However, in watching some of the videos, it looks to me like his flag pole actually blends into the surroundings better than the angullar mounts.
Col Barfoot received the MOH and purple hert with three clusters, don’t you think he deserves a little break.
As an aside, as long as it is done with taste and with pride, I have never seen a flying American flag reduce anyone’s property values. It instills pride and a strong sense of value.
Please let the pole stay.
Just another old vet.
Sussex Square Services is the HOA.
GLENN WILSON PRESIDENT
11800 N Downs Sq
Henrico, VA 23238-3474
(804) 741-9160
ANN WILLIAMS SECRETARY
MARTHA G MIDDLETON TREASURER
EVELYN L WILSON DIRECTOR
I agree with Bill Wright’s comments regarding COL Barfoot’s flag pole.
It would really be a unique gesture on the part of the Sussex Square Homeowners’ Association (HOA) if they recognized not only this warrior’s service to our country, but more importantly the fact that he is a Medal of Honor recipient! In recognition of COL Barfoot’s unique situation they should amend the HOA bylaws allowing any Medal of Honor recipients, residing in the community, the right to have a free-standing flagpole!
Folks, it seems to me that were quickly forgetting the debt of gratitude we owe our fellow citizens who have defended this country from all enemies foreign and domestic. Let COL Barfoot have his flagpole! He’s 90-years old, a Medal of Honor recipient and he’s earned the right to display his countries flag in any manner he chooses.
J.F. Holland, Jr
ISCM, USN-Ret
My Father served in WW II and was decorated for service during the Battle of the Bulge. Because Veterans of all wars and services sacrificed to serve our country I got to grow up free and by virture of lucky birthday not be called upon to return the that service in kind but rather make their sacrifice count by living a good and product life to honor them.
I think Veteran’s not to mention Medal of Honor winners get a pass on thisgs even bigger than having to abide by the rule of a supercilious Homeowners Association. Give him a pass and move on you are embarassing yourselves and the rest of us.
As to Senator Mark Warner (what politician can resist some free publicity) if you re seeking compromise I suggest the Homeowners Association give Col. Barfoot an exception to the rule and volunteer to raise, salute and lower the flag for him each day for a month to show their respect for him and his acts of valor for their benefit.
The Freedom to Display the American Flag Act of 2005 (federal law) 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.”
Seems right on point – clearly the HOA doesn’t have the law on its side. They owe the Colonel an apology!
@Tony – The point is, he’s not a rapist; he’s not anything “bad” but a very old guy who has served his country well, and the HOA should just be human and make an exception for the Colonel. I think we all get the point – the point is, maybe making some exceptions every once in a while is the right thing to do.
@Doug – I don’t think they’re trying to tell him not to fly the flag; it’s the flag pole that’s the issue. He is welcome to fly the flag on a pole attached to his house. The HOA bans the pole.
I live in a place where they ban grills. As disappointing as that is, I understand the liability to burning down my condo. I don’t like it, but it is what it is. One false move and the whole building might go up in flames – they’re protecting their property. If the HOA can come up with a health, property, dangerous reason why a flag pole should not be put up and is a hazard to their community, then please share that. Being stubborn for no reason is so so SO so silly.
I am for this WWII vet for flying our National treasure (The American Flag) using a flag pole. This man served his country with dignity and has every right to have his FLAGPOLE in his yard while Ole Glory is proudly displayed. Can you imagine if the White house didnt have a FLAG POLE and to hell with the HOA !!!
Michael Wilkerson
Allen Texas
GOD BLESS COL. BARFOOT. The man won the MEDAL OF HONOR and deserves and also has the right to hang his flag anyway he feels. I know that the pole is the issue here, but it is a sad sad day when company tells you where, and how to hang your flag. I support COL. BARFOOT 100%.
The HOA claims that the flag is not the issue, but the pole. DUH it’s not just a pole, it’s a “FLAG POLE” it’s sole purpose is to honor our country and its soldiers and veterans
period. The HOA needs to understand there are a host of rules of proper flag ettiquette
of one ist that the flag fly perpendicular (small angled flags have been displayed for convience
and scale from houses) on a pole during the hours from dawn till dusk (unless properly lit).
The Home owners association is not allowed to create any laws which would over ride those
federal laws pertaining to the proper display of the U.S. flag.
The HOA come off looking not only stupid, but unpatriotic and should cease and desist and offer their apology to at least one of their residents who “gets it” Way to go Colonel thanks for
your heroic service.
This guy defended this country so D-bags like the HOA can whine about a flag pole in his front yard? Let him fly his AMERICAN flag that he and everyone else should be proud of.
This makes me sick
Stop saying they should make an exception to the bylaws!
The bylaws DO NOT PROHIBIT flagpoles! No exception is needed. They are objecting for aesthetic reasons…! It is a purely subjective matter.
Further, look up the property on Google Maps (11815 Coat Bridge Lane in Richmond, VA).
The map clearly indicates his property is at the end of a cul-de-sac, far from the casual view of anyone except a few immediate neighbors.
I say, more homeowners should start building flagpoles. Screw the HOA!
Not only is the action of this home owner’s association illegal, it is an outrage to any freedom loving American! This event has obviously greater significance to all of us than just a neighborhood squabble. What irony, when the very symbol of our freedom, correctly and reverently displayed in honor (by the most honorable among us no less), is deemed inappropriate, or worse, believed to be detrimental to the value of a community, our whole nation suffers the consequence. I’m disgusted, but I fear by some of the comments here accusing others of not “getting it”, that even bigger problems may be on the horizon. Well get this; when we let anyone take God and Freedom and Justice away, that’s what we’re left with. No God, No Freedom and No Justice. And It happens one little event like this at a time if we let it. God Bless You Colonel Barfoot as you continue to fight for freedom for all of us!
Hang them nazi bastards from the HOA and the lawyers that represent them right along side the flagpole they are trying to remove. Problem solved !
HOAs should be banned for this reason and many more!
http://www.stophoaharassment.com
http://www.toneranchestates.com
HOA lawyers and the HOA industry are behind the private governments that are ruining and now controlling much of the private property in this country; all for the sake of property values. The CAI’s own survey shows that people are getting more fed up with this BS all the time. It’s a social experiment gone WAY WRONG and soon we and our kids will have no choice in the housing market.
http://www.banhoas.com
Here is a blog comment with photos of the neighborhood to put this all in context. The HOA is making a mountain of a molehill.
http://maaadddog.wordpress.com/2009/12/04/col-barfoots-neighborhood/
What if instead of an American flag, this guy who is a war hero decided he wanted to fly a Nazi flag? Or an Iraqi flag? Or build a flagpole that was 12 feet wide by 24 feet tall? I’m not saying this to be a jerk, but just to illustrate that if you “bend” your rules for one person, who is to decide what’s acceptable and what’s not after that? Would you have to write a new rule that said “Flagpoles are allowed as long as they are no taller than 10 feet, no wider than 6 inches, only fly the American flag, and are only built by decorated war heroes”? Really??
Other people would then try to build other things, put up other types of flags that people DIDN’T want, etc. THAT is the point — no one thinks it is bad to fly the American flag. No one is criticizing this guy.
EVERY American has the right to display the American flag if they so choose to. We the taxpayers have bailed out corporations who still show no loyalty nor allegiance to their home country. This man has even more right to do so as he has given a part of his soul for this country. I feel every VET has the right to have an American flag on a flagpole in their own front yard if they so choose.
Barfoot single handedly caused 17 nazis to surrender to him. I’d like to see the HoA force him to take down his flag . . .
I think that once the neighbors go and serve in the military the way that Col. Barfoot did, then they should come back and decide whether or not he can fly his flagpole in his yard. He is not just a regular homeowner. He has served this country, including his neighbor’s, fought to protect them, fought to preserve the rights of every American and the free world. He is not just a regular homeowner; he deserves our respect, he deserves to hang the flag however he wants to in whatever manner he wishes. He has fought for that right, lived his life for that right. Who are we to think that we should even be able to consider taking that away from him? I do not think for a moment that it would depreciate property value; instead, it will raise value as anyone looking for a decent home would have to look no further than to Col. Barfoot’s residence. It’s a travesty that anyone is complaining. I am offended by their complaints.
This country is falling apart financially and morally, causing undue heartach. Millions of people have lost their jobs; millions more have or going to loose thier homes. This particular HOA association is worried about loosing home values due to a flag pole ? That is absurd and at the same time I agree completely that rules are rules. It appears that this veteran is very aware of the rules and I don’t imagine that he is the type of man that flagrantley defies any type of authority, from the government down to the HOA. However everyone in any type of authority situation normally have the means to make exceptions on a case-by-case basis. I would think having a veteran of 3 conflicts would earn a bit of elevated respect. The lifetime of service he gave in the defense of this country; and on top of that being the only living CMH recipient would only serve to raise the values of this neighborhood.
Agree with many above. #1 he was awarded the MOH for service to us all in a manner hard to imagine and in defence of our collective freedoms. #2 he is 90 years old and deserves to be given the respect he has earned and to enjoy his last peaceful years as long as he can live there. #3 the members of this HOA are showing themselves to be shallow, unreasonable and unworthy of their powers over their neighbors.
If I had to live in the sights of this HOA and these poor excuses for neighbors, it wouldn’t be for very long. Life is too short to suffer fools such as this HOA. May thay lose resoundingly, may they one day have this kind of injustice visited upon themselves.
It’s absolutely absurd that any American, let alone a highly decorated war hero would have to get permission from some ad-hoc committee to flag the US flag in his yard. I don’t think Betsy Ross was worried about appealing to the asthetic values of some HOA members with an a highly over inflated sense of self importance when she designed the United States flag. These members keep insisting that the flag pole is the issue. I don’t buy it. I see it as objecting to the sight of the American flag flying over someones property.
NO FLAGPOLE. He can fly the flag on an HOA approved flagpole. The flag is not an issue here, it is just a way of getting media attention like the knucklehead that tried the same approach in Wyndham. He had a responsibility to his HOA to get approval for the over sized flagpole before he installed it and showed a flagrant disregard for the rules and regulations of his HOA, and in doing so an equal disregard for those in his community who follow the rules. You can’t grant exceptions, that is an obvious injustice to those who follow the rules. Get an approved flagpole and fly the flag. Virtually all HOA’s permit the standard flagpole that attaches to the home with a 5 foot flagpole. Because he received a medal of honor should he be allowed to drive over the speed limit too? His medals are not an issue here. He moved into an HOA , knew or show have read the HOA docs that showed what was permitted, and in doing so, has a legal and moral right to follow what everyone else in the community does. If he did not want to follow their rules, he should have moved into a community what permitted a huge flagpole, or he can still move into one. Fly the flag, I do at my home, just within the specified guidelines – not on a prohibited flagpole. This is simple stuff that the HOA guidelines have already addressed. What was there first – the rule or the flagpole? If the rule was there first, then there is nothing further to discuss. He needs to show some respect for the community and its residents and not think he is a privileged character. This has nothing to do with patronage for ones country, that nonsense. This is respect for established rules of a community and for its residents who moved there because those rules existed.
what does the flag stand for? Freedom, Pride, A memorial to all who served for every one of us! What better a way to remind us of this? Everyday this man, this hero takes a brief moment of his time to remind us of all of this! It is a ceremony, a routine, that he has done for years. His respect of the flag and how he respectfully flies it & cares for it in the way he takes it down everyday is in honor of him & to all who served! it is not selfish, it is what we the people should do more often. Be Proud & Thank this man for his service, Don’t criticize & judge or bully him! LET IT FLIE! LET THE CEREMONY OF RESPECT & HONOR
Ever TRUE AMERICAN should install the tallest flagpole they can and fly THE STARS AND STRIPES after all this the UNITED STATES of AMERICA.
Besides if wasn’t for the vets the HOA would not be there !!!!!!!!
A group of students has just launched a PETITION to support Col. Van Barfoot and his right to fly the American flag with pride and respect.
Please join & spread the word.
http://www.tfpstudentaction.org/get-involved/online-petitions/petition-support-veteran-col-barfoot-american-flag.html
I would never want to live in a neighborhood that has such horrible ANTI-AMERICAN restrictions. It would make me want to move into a neighborhood if I saw yards with flagpoles. I have always wanted a tall flagpole to display my american flag on. Right now I have a house mounted one… THANK GOD I live in a NORMAL neighborhood where you can cook out, hang clothes on a clothesline and put up a pole for the flag. It sickens me to know there are neighborhoods with restrictions on freedom. This is American. LAND of the FREE and HOME of the BRAVE. Let the man be FREE. Trying to tell a veteran to take down their flag pole is like telling a race car driver to take off his wheels before the big race.
It has been my experience that those that run Strata Councils, Home Owner Associations or whatever often haven’t a clue what they are doing, nor care less.
There are governing laws that actually give them the right to rule, how to rule, when and how to hold meetings and the like,
Chances are good that many have illegal meetings, vote without quorims, do not porperly give no\tice of meetings etc.
Someone ought to actually read these rules instead of relying on the assumption that the decisions in this case were propertly arrived at and decisions thus made. They may be surprised to learn that what was done is inconsitant with the rules, or powers of those doing the governing, and thus are not worth the paper printed on.
Food for thought for those closer to the scene than I.
BA
The power of homeowners associations should be limited by law to assuring homes are kept up in a neat manner, lawns are cut, trees are trimmed RV’s parked and trailers parked in designated manner and no unsightly items stored on the property in a manner that makes them visible to the public.. Otherwise these restrictive CCR’s attached to the deeds just create a bunch of puffed up Neighborhood Nazis sticking their nose in everybodies business. and are in my view unconstitutional
In the first Place the flag pole is not that far above the roof ridgeline and it is not at all demeaning to the property values. What is demeaning to any true American is a bunch of petty little would be dictators who do not know that to a military man it is a manner of honor that the top of Old Glory, flies above all parts of the structure. The ”people’” who make up the board of directors of this home owners association have no conception of the word Honor or really what it means to be an American, I hold anyone who would treat any military veteran who honorably served, let alone a medal of honor winner, in this fashion in the deepest contempt. They disgrace my country by their very presence in it. If they keep on with this action I pledge to do my part to see that this infamous deed which they are so determined to commit is forever associated with their names and the name of their community. I think they will find that most other Americans want no part of living any where near them. JJB
I want to meet one of these HOA members who feel that the “..rules should apply to everyone”, march them up to Col. Barfoot’s front door, and let the colonial spend the next 60 minutes describing what he saw, and what he did, to deserve the MOH. Then, if they still want Col Barfoot to take down the pole, let them declare it right there to the public, where their shame will be on display for all to witness.
Col. Van t. Barfoot is an honorable man who should be made an exception.
Col. Barfoot dedicated his life to keep this country free. The colonel fought in WWII the Korean War and the Vietnamese war. He fought hard for his country. Col. Barfoot scouted the German lines in WWII and when it came time to attack Barfoot who was at the time a technical sergeant asked to lead the men since he had scouted the land ahead and knew it better than the other men his superior agreed to let him lead.
Barfoot led the men and single handedly captured three machine gun nests, disabled the tank leading the counter attack and destroyed an earlier abandoned field piece. Though Barfoot was exhausted with his efforts he assisted two seriously injured men 1,700 yards to safety.
Barfoot was awarded the Purple Heart and the Medal of Honor for his efforts in battle.
Col. Barfoot is a humble and honorable man. He has led a life very few people understand. Barfoot returned home only to be refused the right to raise the American flag at dawn and lower it at dusk. Col. Barfoot should be allowed the right to raise the flag on a pole in his yard, not just because he was a veteran, not just because he has been awarded the medal of honor, and not because he served in WWII, the Korean War or Vietnam, but because it is the right of every American to be able to display their patriotism to America.
Nothing should be able to stop someone from displaying their patriotism. The HOA stated that their reason for not allowing the flag pole was that it would depreciate the aesthetic value of the home. When has the American flag flying from a flag pole depreciated the beauty of anything? The HOA are foolish to think that the flagpole in this man’s yard with the American flag flying from it would bring down the value of anything. This is America, Col. Van T. Barfoot; I honor you, for you have not stopped fighting for the freedom of America.