Council preserves residents’ right to fly American flag

Jeffrey Libby

Wednesday, Jan. 22, 2003 | 9:19 a.m.

Vietnam veteran Robaire Orfaly has the right to fly an American flag at his rented home just as he always has -- with some restrictions.

The Henderson City Council preserved that right Tuesday by passing an ordinance that prohibits homeowners associations from banning displays of the flag. At the same time, the ordinance upholds an association's right to control how flags are displayed.

"The ordinance says quite simply, that you can fly a flag on your property -- an American flag -- within reason," Councilman Jack Clark said, later adding that "Every time I say the Pledge of Allegiance, I get goosebumps."

Homeowners associations still have the final say on reasonable placement and safety standards for the flag, on height, on the maximum number of allowed flags and on requirements that flags be portable and removable.

The ordinance is nearly identical to one passed by the Las Vegas City Council in November 2001, shortly after the Sept. 11 terrorist attacks.

In an e-mail Jan. 6, Henderson attorney Mark Zalaoras wrote, "The ordinance strikes a balance between the rights of homeowners, on the one hand, to display the flag, and homeowners associations, on the other, to regulate, within constitutional limits, the use of property in a community association."

Clark and Councilwoman Amanda Cyphers requested the ordinance after Orfaly contacted them.

The Monument Pointe homeowners association in Green Valley, Orfaly said, had complained to him about a flag he was flying from his balcony through the night. He received the flag for his help in the World Trade Center cleanup effort in New York City.

"This whole thing started because we went to protect the flag at the WTC and then we couldn't raise the flag at home," Orfaly said. "It's a sad commentary."

Several other residents who spoke Tuesday agreed, arguing that it was absurd to have to defend the flag against homeowners associations when the nation appears to be on the brink of war.

Richard Hattings, president of Monument Pointe homeowners association, a Naval Reserve officer and a former Marine, said the association never prohibited flying of the American flag.

"Some people put out impression that we didn't allow the flag. But as far as our association goes, we support the flying of the flag 100 percent. Who's going to vote against that?" said Hattings, whose daughter, a nine-year Navy veteran, just left for the Persian Gulf.

But displaying the flag, Hattings said, was no more than a symbolic act.

"If you want to talk about patriotism, interview the kids being reactivated for active duty down at the Armed Forces Reserve Center. That to me is patriotism."

Those among the 104 homeowners in Monument Pointe exhibiting their patriotism will have to continue following some straightforward rules, Hattings said: American flags must be of standard size, 3 feet by 5 feet; they must be flown from a wall-mounted stanchion only; and they can be flown only during daylight hours.

Each of those restrictions appears to be in line with the Henderson ordinance approved Tuesday.