HONOLULU -- University of Hawaii law professor Jon Van Dyke said Friday the flag bill advancing in the state Legislature is unconstitutional.

Veterans and flag supporters pushed for the bill after Iraq War veteran Harold Alejandro was restricted by his planned community association from flying his American flag in front of his house.

The Ewa by Gentry Community Association cited Alejandro for keeping his flag up for too many days, and later tried to fine him a $100 penalty fee after he missed a deadline to apply to fly his flag.

After a heated hearing Wednesday, the House Housing committee approved a bill to force planned community associations to allow unrestricted flying of the state and American flags.

Van Dyke said the bill is flawed because you cannot offer protections to one type of flag, but not another.

“If you are saying certain kinds of flags can be displayed and other types of flags cannot be displayed that would be unconstitutional,” said Van Dyke. “The U.S. flag, which many of us love, cannot be favored over other symbols and cannot be given protection that is not given to similar symbols."

Housing Committee Chairwoman Rida Cabanilla said she deliberately passed an unconstitutional bill because some of the more vocal supporters at the Wednesday hearing angered her.

"No one, no body of people have come to this building and the House of Representatives and shown that much disrespect,” Cabanilla said.

Cabanilla admitted the flag bill as it currently is written probably will not get legislative approval.

“I don’t think it is going anywhere,” said Cabanilla.

The full House votes on the flag bill Tuesday.

House leaders say if their lawyers confirm the flag bill is unconstitutional, it will have difficulty getting support.

If the bill does pass the full house and moves over to the senate, some senators told KITV it will not advance because of it unconstitutionality.

The inspirational figure for the bill, Alejandro, said he was deeply disappointed.

“It is kind of a slap in my face after I served my country, and to the veterans who took the time to support the bill," said Alejandro.