Texas Court Rules Against HOA in Dispute Over Homeowner Display of the American Flag

Texas Appellate Court decision (January 27, 2015).

In this case, a homeowners association sued a homeowner/member of the association for damages and injunctive relief for flying the American flag in violation of the HOA’s guidelines. The  homeowner flies the flag on a flagpole that is attached to a beam that extends a few inches beyond the porch into the front yard of his property. The beam is anchored to the porch at the other end by a wooden bench that is weighted down with cinder block. Thus, neither the beam or the flagpole actually touches the ground in front of the homeowner’s porch. The homeowner contended that the HOA was prevented from pursuing the action under the federal Freedom to Display the American Flag Act, as well as the Texas state law.