Fed. Ct. Says Private Individual Can’t Enforce Freedom to Display the American Flag Act of 2005
- Case Decisions, Dispute Resolution, Governing Documents
Louisiana US District Court decision (July 14, 2014):
A Louisiana association member filed a federal court action against his homeowners association challenging the Association’s right to prohibit him from displaying an American flag outside the door to his townhouse. The Association contended that the flag display violates the association’s CC&Rs and when the owner refused to remove the flag, the Association levied fines and placed a lien on his property. In the action, the owner sought: (i) a declaration from the court that the HOA’s actions to prevent him from displaying the flag were invalid under the Freedom to Display the American Flag Act of 2005 (“Act”); (ii) damages; and (iii) attorney fees.
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