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Man's fight against HOA to fly flag ends with new laws

Denise Goolsby • denise.goolsby@thedesertsun.com • November 12, 2009

A La Quinta man's fight to keep Old Glory flying on a 22-foot flagpole in his backyard in a gated community led to the passage of state and federal laws eliminating the restrictions placed on flag displays by homeowner groups.


Richard Birdsall, a resident of Laguna de la Paz, today flies his flag at half-staff in honor of the 12 soldiers and one civilian who died in a shooting rampage at Fort Hood, Texas.

Birdsall, who installed the pole following the Sept. 11, 2001, terrorist attacks on New York and the Pentagon, is still as patriotic as ever since challenging his homeowners association in 2001.

The association initially objected to the flag pole, informing him it violated association rules.

The flag — which he keeps illuminated and flies 24 hours a day, seven days a week — serves as a constant reminder of the sacrifices made by veterans, he said.

“I've got a guy that comes by and salutes the flag every morning,” Birdsall said.

Birdsall said the fight to keep his flag flying was not made for his own benefit, but for the men and women of the armed forces.

“The people who fought and died for this country, they're the ones who made the ultimate sacrifice, not me,” Birdsall said.

After the homeowners association asked Birdsall to comply with the rules, he began collecting signatures from nearby residents who supported his decision to fly the flag from a pole.

Then-state Sen. Richard Monteith, R-Modesto, heard about the issue and introduced a 2002 bill prohibiting homeowners groups from restricting flag displays.

The bill flew through the Assembly and Senate and made its way to the desk of then-Gov. Gray Davis, who signed it into law in July 2002.

The bill went into effect Jan. 1, 2003.

Birdsall's homeowners association, however, amended its policy even before the bill was passed.

The issue garnered attention at the federal level, where lawmakers introduced a bill that President George W. Bush signed into law in July 2006 that bars condominium and homeowner associations from restricting how the American flag can be displayed.

Bill Coleman, who lives a few doors down from Birdsall, also displays his patriotism, albeit in a not so dramatic fashion, Coleman said.

Posted on his backyard gate are the American and California flags.

Coleman said he sometimes flies the Hawaii state flag because he and his wife spend part of the year on the islands.

He flies the flags because he's proud of his country.

“I've been an American all my life,” he said.

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