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Discussion in 'DIRECTV Installation/MDU Discussion' started by Lord Vader, Apr 27, 2011.
My statement in post #6 is proving to be amazing clairvoyant.
This just gets better and better. Keep up the good work. :biggthump
Who cares bout Netflix charging more when we have the Comedy Channel right here for free! Nice work Vader!
If you believe that I perceive this as comedy, you're sorely mistaken. I am serious about this Nazi property manager and her stupid dictates.
You may wan tto look into that law a bit more. The little bit I read seems to only cover condos, HOAs, etc. where you own the property you are displaying the flag on. Doesn't really seem to cover rental property such as an apartment as far as I can see. I'm no lawyer though.
That said, I do hope you win this fight as I have always disagreed with restrictions on flying the american flag, etc.
You are definitely not a member of the dark side. You are a true Jedi fighting against the evil property management empire for individual liberty
Keep up the good work
From the Congressional Research Service report "The United States Flag: Federal Law Relating to Display and Associated Questions" as updated April 14, 2008. CRS Report Link
I'm not an attorney either, but I think LV is correct. The only concern I'd have is the 'to which the member has a separate ownership interest."
CRS is a terrific resource.
If you're a renter, you have an "ownership interest" for the duration of your lease.
The same attorney who handled my dish install battle also is aware of this situation. When I sent him the link to the Act in question here, he told me that he was 100% confident that this law applied to apartment renters as well. He pointed to the "exclusive use" term that was used in the same manner in the satellite dish cases. He also explained that the terms used to refer to "ownership interest," to which dcandmc above alludes, along with other terms, clearly includes apartment residents.
BTW, I was told today by the property manager that she believes I was the one who put those flyers up and that I am intentionally using misleading facts. Blah, blah, blah. I told her that in the almost 13 years I've been here, things have been quiet, peaceful, and pleasant, but in the last 3 months, things have gotten ridiculous and out of hand due to her Napoleon complex.
I retorted with something I've been waiting to tell her: my attorney and his law firm have sued Marquette Management 11 times for various things and have won all 11 cases. If she wants him to try for # 12, go right ahead.
Good for you Vader. Keep up the fight. It's a pity you don't live where I do. People like your property manager would be verbally tarred and feathered and handed their ass along with their walking papers.
You did get your new lease signed right?
Unfortunately, the act specifically refers to "members of the association" which excludes renters.
-- http://works.bepress.com/cgi/viewco...h="Freedom Display American Flag Act renters"
What state are you in? According to the above referenced paper ...
I'm no attorney, but I'd disagree with the writer of the paper you referenced. I think the law pretty clearly applies to renters as well.
The section of the law which would apply here was quoted above, but only in part. It doesn't end with parties having a "seperate ownership interest", but also applies to residents with rights of exclusive use.
It appears to me that it's essentially the same battle as the satellite dish - what restrictions can a landlord or association put on a renter/owner with regards to areas which are in their exclusive control. And, it appears to me that the law is pretty clear in both cases, and that the management company is overstepping their bounds in both instances.
I just quoted that one document. But, unfortunately, pretty much every reference I can find on the 'net agrees with my interpretation.
You can read the full text of the act at:
Has the local media gotten wind of this latest situation?
Lord Vader's lawyer thinks the flag law applies and he's the only person who matters.
So who does Darth Vader hire as a lawyer? Who's evil enough? Harvey Dent?
One of the other affected residents was supposed to have done that leg work. I did fire off a letter to Senator Mark Kirk (R-IL.), who happens to be an enlisted Navy guy. I hope I hear from him.
There still seem to be conflicting opinions on this. My lawyer's interpretation might be the correct one, but all it takes is some judge to think otherwise, even if said judge is totally wrong.
As I stated above, I'll wait to see if Senator Kirk replies.