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Right To Fly American Flag Bill Advances

Community Association Flag Restrictions Nixed

POSTED: 5:50 pm HST February 24, 2010
UPDATED: 9:16 am HST February 25, 2010

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The State House Housing Committee Wednesday unanimously approved a bill to force planned communities to allow residents to fly Hawaiian and American flags without restrictions.

Iraq War veteran Harold Alejandro urged lawmakers to do something after his planned residential community association prohibited him from using the flag pole he had purchased, and told him where and when he could fly his flag.

Alejandro’s Ewa Beach community association then cited him for flying his flag for too many days, and later tried to fine him when he was past a deadline for filing an application to fly a flag.

“I just wanted to fly a simple 3- by- 5 lean-to flag in front of my house. I don’t know what is so wrong with that, “said Alejandro.

Alejandro, an Iraq war veteran, says it is important to him to fly the flag to honor two friends who died.

Veteran after veteran pleaded to the committee for the right to fly their flags without restrictions in residential communities and condos.

“Let’s face it. Some of these condo and community association boards turn into real Nazis,” said George Berish, a Vietnam War veteran.

The bill approved Wednesday prohibits residential community associations from restricting flag flying.

It also prevents community associations from charging residents application fees to fly flags.

The measure urges residents to meet with their own community associations later to see if there are any flag flying restrictions on which they can agree.

Housing Chairwoman Rida Cabanilla said she approved the bill after initially stalling it because of the impassioned testimony.

“There is so much passion in this. It applies to peoples’ feelings. Brings them memories of what they did and their service to the country. And the way they feel we should honor them and gratify them is to allow them to fly the flag,” she said.

House members are expected to take up the flag bill next in a floor vote next month.

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