Lawyer: HOA can't prohibit WWII vet from flying flag - Fox 2 News Headlines

Lawyer: HOA can't prohibit WWII vet from flying flag

Posted: Updated:
MCDONOUGH, Ga. -

There may be a legal solution to a World War II veteran's battle to fly an American flag on his property.

On Wednesday, FOX 5's Morse Diggs reported on John Helton, a 25-year Air Force veteran who served in three wars, who says his homeowners association in McDonough threatened to issue daily fines if he violated a rule that restricted flying the flag. A covenant at The Villages at Spring Creek retirement community restricts how often the flag can be displayed.

Since the story aired, Helton said he's been overwhelmed by people expressing support.

"I appreciate and I thank every one of them," Helton said.

John's wife, Louise, said that her husband deserves the right to display the flag.

"There's no excuse for this. My husband suffered enough and fought enough and we will stand together under that flag," Louise Helton said. "He fought for the flag and we'll die for the flag."

Courtney Lytle, a local lawyer, said that Helton can legally fly the Stars and Stripes.

"The Federal Freedom to Display the Flag Act of 2005 specifically states that a homeowners association is not allowed to forbid homeowners from displaying the flag," said Lytle. "An HOA can restrict the display in how it's done."

Some of Helton's neighbors defiantly put out their flags on Thursday in support of the veteran.

"Many people have not held the hand of a dying soldier or sailor. I was a sailor. I have seen many man die for this flag, and I think every American ought to have the opportunity to fly that flag – in the proper way – any time they want to," said neighbor Joe Certain.

Lytle said that she's willing to talk to the HOA about the act that allows the flag to be displayed.

  • More Local NewsMore>>

  • Grand jury rules shooting not authorized

    Grand jury rules shooting not authorized

    Tuesday, April 22 2014 11:39 PM EDT2014-04-23 03:39:55 GMT
    A grand jury ruled Tuesday that a Euharlee police officer was not authorized in a recent shooting that took the life of a 17-year-old boy. The officer claimed the teen had a gun, but the boy’s family said it was a video game controller. Christopher Roupe was shot and killed on February 14. The Bartow County Grand Jury found that Euharlee Police Officer Beth Gatney was not authorized to use deadly force.
    A grand jury ruled Tuesday that a Euharlee police officer was not authorized in a recent shooting that took the life of a 17-year-old boy. The officer claimed the teen had a gun, but the boy’s family said it was a video game controller. Christopher Roupe was shot and killed on February 14. The Bartow County Grand Jury found that Euharlee Police Officer Beth Gatney was not authorized to use deadly force.
  • Henry County teen wont give up fight to cure cancer

    Henry County teen wont give up fight to cure cancer

    Tuesday, April 22 2014 7:02 PM EDT2014-04-22 23:02:01 GMT
    A Henry County teenager is determined to do one thing in his life, cure cancer. When he's not getting ready for his high school graduation or playing a round of golf with his dad 17-year-old Tushar Mittal is working on the cure for cancer. Mittal moved to Georgia from India in 2004 and says that he didn’t show any interest into science until about five years ago. Now the teen is working on a new type of cancer research involving oregano oil. "It was actually 7th grade when I was introduced to...
    A Henry County teenager is determined to do one thing in his life, cure cancer. When he's not getting ready for his high school graduation or playing a round of golf with his dad 17-year-old Tushar Mittal is working on the cure for cancer. Mittal moved to Georgia from India in 2004 and says that he didn’t show any interest into science until about five years ago. Now the teen is working on a new type of cancer research involving oregano oil. "It was actually 7th grade when I was introduced to...
  • Same-sex couples file lawsuit over marriage equality

    Same-sex couples file lawsuit over marriage equality

    Tuesday, April 22 2014 5:58 PM EDT2014-04-22 21:58:21 GMT
    Gay and lesbian couples are upset over Georgia’s new same sex marriage ban and are now suing over the decision. Gay and lesbian couples filed a 48-page class action lawsuit Tuesday morning that they hope will grant them the freedom to marry in Georgia.
    Gay and lesbian couples are upset over Georgia’s new same sex marriage ban and are now suing over the decision. Gay and lesbian couples filed a 48-page class action lawsuit Tuesday morning that they hope will grant them the freedom to marry in Georgia.
Powered by WorldNow

WJBK-TV | Fox 2
16550 West Nine Mile Rd.
Southfield, MI 48075

Main Station: (248) 557-2000
Newsroom: (248) 552-5103

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices