Issues

Conservatives Frequently Contradict Themselves When It Comes To Regulations

Photo courtesy of Independent Journal Review

I love how conservatives scream about the free market and how government intervention only stifles growth, making this nation into a world of zombies and yes men and women. The free market allows competition so people can choose to do as they please, well, within reason, but when the free market/unregulated affects them or at least our vets, they go haywire. Yet, from their conservative belief system, they always seem to fall short of wanting regulation…for Veteran Larry Murphee.

Read: Samuel Alito Is The Insurrectionist Threat To Democracy On The Supreme Court

Murphee, a veteran, lives in Florida and resides in an HOA where prior to moving into a home, homeowners are required to abide by the rules set forth by fellow homeowners to maintain a feel of their complex. For example, if you want to paint your house or do landscape on your property, you need to seek approval from the HOA, as they are a self-imposing law within the complex

Murphee put a small flag in a pot and was fined $8,000 according to the CBS affiliate in Florida. State and federal law allows for the display of the flag. However, due to the lack of regulation to go after the HOA , the HOA has the legal recourse to kick Murphee out of his home.

Currently, the right wingers are mad at the HOA and are blaming the Obama Administration…I don’t know why. Also anger is brewing on Facebook

Conservative Facebook Member He has the law on his side folks. The Freedom to Display the American Flag Act of 2005, signed by then President George W. Bush, usurps overzealous home owner association boards and apartment managers. Fly your flag sir, and thank you for your service to this country.

Tim Fromla Did you read the law? Allow me to share it with you

https://www.govtrack.us/congress/bills/109/hr42#summary

Freedom to Display the American Flag Act of 2005 – States that 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 an association member from displaying the U.S. flag 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.

You are correct when you said that the HOA cannot ban the flag from being displayed. Yet did you read the second part of the law?

States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

Since the flag was in a planter, it’s not displayed properly and yes, he can be fined. The law George W. Bush signed just reinforced the right to display Old Glory, but there are restrictions and the restrictions is in the second paragraph. Having the flag in the planter is NOT properly displaying the flag, therefore Murphree was fined. You have a problem with that? Bush signed this bill to law.

Yet the folks who promote free market and less government regulation are in conflict. These folks want little or no regulation upon the private sector, yet when the private sector “violates” their “freedom” they are up-in-arms. Bring up that fact and they remain silent. They support Murphee, but then do not want the government to step in and support Murphee.

Currently, the neighbors are supporting Murphee and are going to pay for his legal fees. Murphee will use the defense Pub.L. 109-243, which reads:

7/24/2006–Public Law.
Freedom to Display the American Flag Act of 2005 – States that 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 an association member from displaying the U.S. flag 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.

Yet what the right wingers are forgetting, much like the Second Amendment part of the “…well regulated militia” is what is protecting the HOA…as per Bush’s approval:

States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

Putting the flag in the planter is NOT protected. You see, the flag can be displayed if it’s displayed properly. If not, then the $8,000 fine is justifiable. Yet speak about regulating the fines by the HOA and the people go crazy. They don’t want regulation, even though they consider what the HOA is doing fascism.

The law is a no-brainer. People should have the right to display the flag and there are laws when it comes to displaying the flag. You can even have the flag displayed at night and while it’s raining too.

As loyal and patriotic as the right wingers think they are when it comes to Old Glory, they lack the basic knowledge needed to make a defense for their idealism. Their loyalty for the symbol outweighs the freedom of expression or even a bill that their leader signed into law making it legal for corporations like the HOA to fine people like Murphee. Many don’t even know that flag burning at a protest is free speech and, by attacking those who do express their First Amendment rights, they are violating their Constitutional rights.

So now, as I post my comments on the page, people don’t comment back to me. Their skills to defend against the free market are contradictory to how they were brought up and hmmm, maybe that’s why they are gun nuts? If they can’t win the fight, they’ll just shoot us?

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