Bohac Passes Bill that Allows Texans to Fly the American Flag Without Threat of Lawsuit from Homeowner Associations

Legislation was introduced in response to an HOA lawsuit against a Texas Marine Veteran for flying the American flag on his private property

AUSTIN, TEXAS- Today the Texas House of Representative overwhelmingly approved House Bill 2779 by State Representative Dwayne Bohac (R–Houston) that protects the right of Texans to fly the American, Texas, or Armed Services flags on a freestanding flagpole on private property.  The legislation was introduced in response to a lawsuit brought by a property owner's association against Texas Marine Veteran, Mike Merola, for flying the American flag from a freestanding pole at his home.  

House Bill 2779 prohibits a homeowners association from restricting the installation of a 20-foot freestanding flagpole and displaying the United States, Texas and any Armed Forces flag.  The bill allows a property owners association to regulate items such as the  materials used, the location so that it doesn’t violate any easements, the size of the flag and the condition of the flag.  These provisions are designed to maintain continuity within a neighborhood while protecting private property rights.

"Earlier this year I was outraged to learn that one of our brave Texas Marine Veterans, Mike Merola, was being sued for flying the American flag from a freestanding flagpole at his house," said Rep. Bohac.  "This bill is significant because it preserves our fundamental right to express our state and national pride and protects Texas private property owners from the threat of being sued for supporting our country, state, or armed services."

After learning of Mr. Merola's situation, Rep. Bohac began working with homeowner groups and homeowner associations to strengthen laws that would protect the continuity of neighborhoods while still allowing homeowners to express patriotism.  

Mr. Merola testified before the House Committee on Business and Industry in favor of HB 2779.  In his testimony he noted that he submitted applications to his HOA to erect the flagpole on multiple occasions and was denied each time.  However, on Memorial Day of 2010, Mr. Merola placed the flagpole in his back yard to show his deep respect for the service men and women who have given their lives in defense of this country.  As a result, he was sued for $200 a day  plus legal fees totaling $12,125. 

"I was a United States Marine during the Vietnam era from 1969-1977 who served this country proudly," said Mr. Merola. "Every American Citizen should have the right to fly the American Flag with pride.  I am proud of this country and what it stands for. I can fight for the American Flag, but I can’t fly it; there is something very wrong with this."

"It is truly disheartening that we, as Texans, can be threatened with legal action for merely exhibiting a sign of patriotism and respect," Rep. Bohac said.  "We should consider our flags to represent the bedrock of our state and our nation.  I am proud that Texans can now display their support for our state, our country and our service men and women, without fear of being fined or sued.  To think that we would punish a veteran for supporting our country is abominable to say the least." 

House Bill 2779 has now moved to the Texas Senate for approval. 

 

 

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