The Akron Legal News

Freshman lawmaker joins effort to ban American flag display restrictions

TIFFANY L. PARKS
Special to the Legal News
Published: April 15, 2015

Rep. Tim Ginter has joined a Westerville lawmaker in her efforts to prohibit manufactured home park operators, condominium associations, neighborhood associations and landlords from restricting the display of the American flag, blue star banners, gold star banners and other service flags.

The lawmakers are proposing House Bill 18 to enforce those guidelines.

“I am proud to jointly sponsor this bill with Rep. Anne Gonzales, who sponsored similar legislation in the 130th General Assembly,” said Ginter, R-Salem.

“This bill, (previously introduced as) House Bill 622, received bipartisan support, and it is my hope that this iteration of the bill garners similar support. This legislation simply protects the right of Ohioans to display their patriotism at their homes.”

According to a bill summary, HB 18 specifies that a tenant with a rental agreement or a tenant residing in a manufactured home park, or a property owner or resident subject to a neighborhood or condominium association, may not be prevented from displaying a flag that has been designated by the U.S. Secretary of Defense as a service flag.

Specifically, the bill prohibits any of these entities from including a provision in a rental agreement or governing document that prohibits the display of a service flag approved by the defense secretary for display in a window of the residence of a member of the immediate family of an individual who is serving in the U.S. armed forces.

A service flag includes a blue star banner, a gold star banner and any other flag designated by the defense secretary.

HB 18 would ban a manufactured home park operator or a landlord from otherwise prohibiting such a display on the tenant’s or owner’s rental property.

The proposal prohibits the trustees of a neighborhood association from construing a provision in a governing document of the association in such a way as to prohibit the display of a service flag.

Furthermore, the bill specifies that if a rental agreement or governing document includes such a restriction, the restriction or a construction of such a restriction would be against public policy and unenforceable.

With regard to display of the U.S. flag, HB 18 would prohibit a manufactured home park operator or landlord from including any restriction in a rental agreement that prohibits the display of the U.S. flag on a tenant’s or owner’s rental property when the flag is displayed in accordance with any of the following: the patriotic customs set forth in federal law governing the display and use of the U.S. flag; federal law, Ohio law or any local ordinance or resolution; and presidential or gubernatorial proclamation.

Federal law generally sets forth appropriate times of day and special occasions for flag display, procedures for hoisting, passing and lowering the flag, proper locations for flag display, correct position and manner of flag display and accepted behavior to show respect for the flag, including destruction of a flag no longer considered in fit condition.

Ginter said the proposed legislation was drafted in response to the situation of an 86-year-old woman from central Ohio, who was told that the display of an American flag on the front of the home she was renting was a violation of her lease agreement.

“The management company from which she rented the home eventually allowed her to resume the display of the flag in response to pressure from the public, but it is our goal that citizens of Ohio not be put in this position again,” he said.

Like Ginter, Gonzales, a Republican, noted that the resident’s landlord did not relent until there was a wave of public outcry.

“We need to be able to protect patriotism in this state,” she said.

HB 18 was crafted to build off of the federal Freedom to Display the American Flag Act of 2005. The federal law prohibits any person from not allowing residents of communities to display an American Flag on their property.

“This bill will take this provision of federal law and place it in the Ohio Revised Code and prohibit landlords from including restriction on displaying American flags in their rental agreements,” Gonzales said.

“Americans and military families are proud and should not be prohibited from displaying their pride in the form of a flag.”

HB 18 is co-sponsored by Reps. Ron Amstutz, John Becker, Louis Blessing III, Andrew Brenner, Jim Buchy, Jonathan Dever, Cheryl Grossman, Bill Hayes, Steven Kraus, David Leland, Debbie Phillips, Jeffrey Rezabek, Kristina Roegner, Louis Terhar, Nino Vitale and Ron Young.

The bill is before the House Armed Services, Veterans Affairs and Public Safety Committee. The measure has had one committee hearing.

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