Wednesday, October 14, 2009

US flag banned at Oaks Apartment apartment complex in Albany, Oregon

From KATU in Albany, Oregon comes the story this week of an apartment complext that has ordered residents to remove all flags, including the U.S. flag, from windows and other visible areas.

KATU photo - flag banned from motorcycle at Oaks Apartment complex in Albany, Oregon

According to KATU:
Resident[s] we talked to who had been approached to take down their flags all told us the same thing: that management told them the flags could be offensive because they live in a diverse community.

Would such a ban be upheld in court in Pennsylvania? It depends. If the landlord refuses to renew a tenant's lease at the expiration of the term, the landlord generally does not have to provide a reason. The landlord can refuse to renew a tenant's lease even if the reason is the tenant's display of an American flag. [This analysis would be different if the real reason involves discrimination against minorities or other protected classes.]

If the landlord seeks to terminate a lease during the lease period solely on the basis of the American flag display, the landlord would probably lose in court, as long as the American flag was the only violation. But that is only speculation, as the real answer would depend on the judge and whether the judge believes that an American flag display constitutes a material violation and whether a ban on such displays can be lawful or enforceable.

1 comment:

  1. Cool....we can burn flags...but we can't fly one.

    Insane logic for an insane time. Will people who burn flags first be charged with inciting a riot, or will they be given a pass, so they can ensure they show disrespect to the flag for being offensive in the first place?

    I'm sure we will need more lawyers to sort out what lawyers have decided...they are a self-perpetuating lot for a reason.