HOA bans homeowners from flying the U.S. flag ahead of America’s 250th birthday

As they continue to fight for their right to fly the country’s flag, the Cookes have gone on to launch a GoFundMe fundraiser to raise funds to pay lawyers and share their story

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Patriotic California residents have been left outraged after they were told they can no longer fly the Stars and Stripes just days before America’s 250th birthday.

Locals in San Marcos are putting up a fight after their Homeowners Association (HOA) informed them that they would be fined $100 if they continue to display American flags outside their townhomes.

The Ambiance Owners’ Association, which governs a 112-unit townhome community with properties valued at around $1 million, told Amy and Christopher Cooke that their U.S. flag, which has been waving proudly for more than 20 years, is violating the organization’s policy.

The HOA told the Cooke’s that they had 15 days to remove it, or they would face a penalty.

Their neighbor, Terri Collins, was issued the same warning despite Old Glory being displayed outside her property for 35 years.

‘The flag is important to me because I’m proud of where I live,’ Collins told the outlet. ‘This is the United States of America. I’m very proud to live here.’

The Cookes said they have the US flag on their property in honor of Chris’s grandfather, who died fighting in WWII.

‘He was awarded the Navy Cross and also the Purple Heart,’ Chris said, referring to two of the country’s highest military decorations.

‘We’ve always been very proud of his legacy as a defender of our freedom,’ the homeowner added.

But the Cookes were sent a hearing notice last week that claimed their American flag violated the HOA’s policy of installing flags on the common area fascia.

‘Flags, signs or banners within common areas and/or extending out and into common areas are prohibited,’ the notice stated.

The official notice said the couple must attend a hearing on Tuesday at 6pm or face a pending $100 fine if they do not comply, Amy told the Daily Mail.

But in recent days, they have learned that a lot of their neighbors have taken down their American flags, and they do not want to follow suit.

‘I’m not gonna be bullied by them,’ Amy said, adding that the 2005 Freedom to Display the American Flag Act protects their rights to fly the red, white and blue symbol.

The piece of legislation, which was signed into law in 2006, prohibits condominiums, cooperatives, and HOAs from banning residents from displaying the US flag on residential property.

‘Having to defend our freedom to display the symbol of freedom is something I never thought I’d experience in America,’ she continued.

David Loy, a legal director for the non-profit, First Amendment Coalition, said that even though state law allows HOAs to set limits on the placement and size of flags, they cannot ban them from private properties entirely.

‘The general rule is that HOAs, even if they’re still private entities and not subject to the First Amendment, they still don’t have a blank check to say no signs, no flags whatsoever on your private property,’ Loy told the publication.

As they continue to fight for their right to fly the country’s flag, the Cookes have gone on to launch a GoFundMe fundraiser to raise funds to pay lawyers and share their story.

‘Over the past several months, we’ve spent countless hours researching the law, gathering historical HOA records, obtaining contractor statements, collecting evidence, and communicating with the board in an effort to resolve this matter without litigation,’ she wrote.

‘Our hearing is scheduled for June 30. We hope the board will reconsider its position, but if it does not, we may have no choice but to seek legal representation to protect what we believe are our rights.

‘Attorney fees can quickly become overwhelming. Rather than allowing financial pressure to determine whether we can continue, we’re asking for help from those who believe this issue matters.’

As of Tuesday morning, more than $800 had been raised to help the couple.

The Daily Mail contacted the Ambiance Owners’ Association and the San Marcos mayor’s office for comment.

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Original Article: California community bans homeowners from flying Stars and Stripes ahead of America’s 250th birthday