Residents in a San Marcos, California, townhome community are expressing outrage after their Homeowners Association (HOA) began enforcing a policy that prohibits the display of American flags, with fines threatened just days before the nation's 250th birthday.
The Ambiance Owners' Association, which governs a community where properties are valued at approximately $1 million, has informed homeowners, including Amy and Christopher Cooke, that displaying the U.S. flag violates the organization's policy.
The Cookes were told they had 15 days to remove their flag, which has been displayed for over 20 years, or face a $100 fine. The notice cited the HOA policy against flags, signs, or banners within common areas or extending into common areas. Christopher Cooke noted the flag was flown in honor of his grandfather, a World War II veteran awarded the Navy Cross and Purple Heart.
Their neighbor, Terri Collins, received a similar warning despite having flown the American flag for 35 years. Collins stated, "The flag is important to me because I'm proud of where I live. This is the United States of America. I'm very proud to live here."
The homeowners are pointing to the 2005 Freedom to Display the American Flag Act, signed into law in 2006. This federal legislation prohibits condominiums, cooperatives, and HOAs from banning residents from displaying the U.S. flag on their private property.
"Having to defend our freedom to display the symbol of freedom is something I never thought I'd experience in America," Amy Cooke said. Legal experts suggest that while HOAs can set limits on flag placement and size, they cannot outright ban them from private properties.
David Loy, legal director for the First Amendment Coalition, stated that HOAs, even as private entities, do not have unlimited authority to prohibit flags on private property.
The Cookes have launched a GoFundMe campaign to raise funds for legal representation and to share their story, noting that they have spent months researching the law and gathering evidence in an effort to resolve the issue. Their hearing is scheduled for June 30, and they hope the board will reconsider its position, but are prepared to seek legal counsel if necessary.
As of Tuesday morning, the GoFundMe had raised over $800. The Daily Mail has reached out to the Ambiance Owners' Association and the San Marcos mayor's office for comment.