Renters - want to fly a U.S. flag? Check with your landlord first
PORTLAND, Ore. - Do you have the right to hang an American flag outside your apartment?
Not if the landlord says you can't.
Vera Brookshier, who lives at Bethany Meadows Apartments in Northwest Portland, was asked to get rid of a number of items she had on her patio - and that included an American flag.
That didn't sit well with Brookshier, who feels she should have the right to fly the flag.
"I was offended more than anything else," she said.
You see, the message is more than patriotism for Brookshier. She also flies a Navy flag, which is deeply personal because it's in remembrance of her husband, John. He died in June after they had spent 43 years together.
"Mainly, I think it's my constitutional right to fly my flag, whether it's a Navy flag, Marine flag, Army flag or United States flag," Brookshier said.
But the truth is, it's not. The constitution says nothing about your right to put objects on other people's property, no matter how loving or sincere or patriotic your intentions might be.
Brookshier said she has no plans to take down her American flag. We tried to get in touch with her landlord at Bethany Meadows but were unable to reach anyone for comment.
We did check with a Portland law firm, Vial Fotheringham, which specializes in helping people work out problems with their landlord or homeowners association to find out exactly what folks can and cannot do.
According to Attorney Richard Vial, a partner at the firm, if you are a renter, the landlord gets to set the rules about what you can display on the property. And as a renter, you have to follow those rules.
However, if you own a home or condo, Congress gave you one special right that no homeowners association can take away. In 2006, Congress passed a law (the Freedom to Display the American Flag Act) stating that an owner can always fly an American flag, but only an American flag.
This story came to us as a news tip. If you have a story for us, email us at newstips@katu.com.
 From the Apartment's website:
this 340-unit community has a mix of one- and two-bedroom units
perfect for individuals or families.
 - Obviously it's not perfect for PATRIOTIC individuals or families.Â
-
I wonder if the "rule" is just a whim of the manager or is actually
the policy of the property owner: GSL PROPERTIES, INC. in downtown Portland.
I'm quite surprised KATU didn't shove a microphone into the face of the manager,
or contact the owner for a comment.
@MipsferÂ
Yeah, because patriotic individuals are inevitably flag wavers. Â No other people are patriotic. Â None of the other tenants who are adhering to the tenant agreements they signed before moving in are patriotic, just this idiot woman who apparently can't read.
While I believe in the rights of the landlords to set the standards for exterior appearances, it's kind of low-class to ban proper display of the American flag.  If you are a renter, you are not an owner. You have to live within the rules of the lease.
Otherwise, buy the property and change the rules.
I owned a ;little cottage in nopo, sold it and moved to Seattle. I would fly my flag on holidays outside my window from my apartment. We got a new manager right before my second lease ended and on Memorial day I put out the Flag and the manager flipped out and told me to take it down. I said no. He gave me a written warning.  I checked with a lawyer friend the next day and confirmed the law that a land lord can ask you not display anything. Flags or signs. The manager told me what if someone wanted to fly a Nazi Flag as a reason fot no flags at all. I'm not sure what Oregon law is but I own my place here so no one can say no to me now.
This is interesting. I believe the supreme court ruled that an apartment patio is the renters 'private space'. This stemmed from renters putting up satellite dishes on their patios, and the landlords telling them to remove them. Fly'em.
The law varies from state to state, but much as Home owner Associations can have restrictions - so can apartments. If you moved in knowing the restrictions - then you will most likely lose the case as long as your cicil or constitutional rights were not infringed. Last I checked flying the flag anywhere you want was not an absolute free speech right granted by the SCOTUS
@wvboyÂ
Actually it IS a right guaranteed by Congress as long as you OWN your home or condo. No homeowners assc can ban you from flying the flag but ONLY the American Flag. Â
Renting is another matter- one I disagree with but it is, what it is..Â
They cannot ban it, but reasonable restrictions can be placed on the how what, when, and where so too speak. I personally fly the flag and live in an HOA. But it does not block anyones view nor is it too loud flapping in the breeze - or clang to much. The issue is not always cut and dried.
Most people who have flags don't even maintain them properly.
Just a thought.
For the most part all of us support the American Flag and respect what it has taken to keep it flying since its inception. However our elected officials have lost sight of what the flag means and have decided to minimise what it means to be an American by giving away a "path" to citizenship for anyone that is able to creep into the US and give in state to illegals while US citizens living in Washington State must pay out of state.
Unfair, our elected officials have disrespected us just as the illegals have.
It is not the policicians who have lost sight. Its the well intentioned american who raps themselves in it at the Olympics, or who wear it as a patch on thier clothing, and on and on. That is not paying proper repect to one of our supposed sacred symbols. To be flown on a pole, or to be displayed in a dignified manner is showing the proper respect. If you are doing anything other - you are disrespecting it.
@FreerideNOTÂ
Son, unless you're an American Indian, that post is pure nonsense.  This is a nation of immigrants.  We're strong because we take all comers.  The kind of person who can brave a desert crossing on foot, who can sustain themselves in what amounts to hostile territory while the perform the most backbreaking labor imaginable, all so that they can give their family a better life?  THOSE ARE THE PEOPLE WE WANT.  Those people will make us BETTER.  My grandmother's side of the family has been here since Plymouth Plantation and helped found Massachusetts  They're immigrants.  My grandpa's side of the family came over from County Cork during the Great Famine and earned two Medals of Honor during the Civil War and Indian War.  They're immigrants.  And I'm betting your family has a similar tale, fleeing from something or other in their home countries and finding a better life here, in the land that welcomed you and put no restrictions on your American Dream.  That's all these people want, to be Americans and to work for that better life.  What right do you have to come over here and shut the door behind you?
@Diogenes@FreerideNOT This is a nation of LEGAL immigrants, and you're out of you're freakin' mind if you think the Apache and the Comanche just invited citizens or other tribes on it. That's revisionism. The road to Bend from Portland crosses a trail that was used by regional indians to trade slaves and seashells. The Utes kicked unfavored tribes into the Lohantan mountain range and forbade them from owning horses.
The American indians didn't learn their prodigeous centuries-old fighting methods from watching TV or hacking up pilgrims. They fought each other for land too.
"What right do you have to come over here and shut the door behind you?"
The door's not shut, liberal propagandist. I work with guys ever day who earned their citizenship legally. Legally. Legal immigrants. Immigrants. That's all they wanted, and they respected America enough to do so legally. Nobody "shut the door behind them":  That's just typical pro-illegal-immigration BULLSH-T.
@Playanekes @Diogenes @FreerideNOTÂ
Sorry, I couldn't hear you from dodging all the spittle flying from your gaping pie hole. Â And what the hell, did you have a stroke halfway through your post? Â "prodigeous [sic] fighting skills?" Â Are you high, or just really stupid? Â What in the hell are you talking about?
You know what, I'm really glad you and your vote don't really count. Â Never move away from the Pacific Northwest, m'kay? Â Stay here where your opinions will always keep you in the minority so that America can be strong and continue to ignore idiots like you. Â Let that be your legacy, complete irrelevance.
@Diogenes @FreerideNOT But under today's immigration laws, IT'S ILLEGAL!!!
Why do we have to spell it out for you? I'll welcome them into our country as long as they do so legally and they assimilate themselves to our laws, not the other way around. How hard is that for you to understand? When our ancestors came over to this country there were no laws per se'. In today's modern society we have laws, borders, border patrols, customs, etc. for a reason. If they can't obey those laws then get the hell out, or don't come to this country in the first place. Don't sponge off the government! Â
How hard is that for you to understand.
@Diogenes @scoreboard @FreerideNOT I think you just need to shut up on this or do some thinking on your own. Laws are laws. Just because immigrants wrote them doesn't give people the write to come into this country illegally. HELLO!?!?
Just because you might have had a great grandpa who was a cop wouldn't give you the write to travel down I-5 at 100 MPH.  How hard is it for you to grasp the concept that the laws are the laws? Wait never mind....
This has to be one of the most ignorant comments on this subject I've ever read. All I can do is shake my head at your ignorance.
@scoreboard @Diogenes @FreerideNOTÂ
So, I think you should probably wipe your chin.  And then you should think before you post.  WHO wrote the laws that effectively slammed the door in the faces of all poor persons who might want to immigrate to the United States?  Yeah, that would be the sons and grandsons of poor people who immigrated to the United States, for the most part.  People came here, hat in hand, worked their way up, and then passed xenophobic, hysterical nonsense based upon openly racist theories about Nordic superiority and "They took our JERBS!!!" lies.  How hard is this for you to understand?  Because it's fairly obvious to any thinking person.  The exact people who wrote the laws to keep out foreigners were, themselves, the progeny of foreigners.  Funny, that.
Dio
I can trace my family heritage in the US and Canada into the 1700's, I have ancestors who fought on both sides of the War of 1812, both side of the US Civil War......We DO NOT take all comers that is why there are immigration laws. Those that enter the US illegally regardless of the reason are criminal invaders. Bottom line there is a legal way and an illegal way, 12 million selected the illegal way and must be deported.. They are NOT entitle to the American Dream!!!!
@TreeWizard @Sundowner @FreerideNOT
Yeah, yeah, I'm soo late lol I had to go to bed..
BUT Â the writers never intended for the 14th ammd. to be used & abused the way it is now.
They have tourism packages specially designed for full term pregnant women so they can get to the US and deliver. SMH!
The relevant part of the amendment reads that âall persons, born or naturalized in the United States, and subject to the jurisdiction thereof,"Â This requires more than birth within the United States. The amendmentâs purpose was to grant citizenship to the emancipated slaves...
Foreign visitors and diplomats are not subject to American Jurisdiction. Illegal aliens are subject to the jurisdiction of their home country, adults and babies. There is no legislative history supporting the absurd proposition that the Fourteenth Amendment was intended to empower illegal alien parents to confer American citizenship upon their own babies merely as a result as their birth in the United States.
@Sundowner @TreeWizard @FreerideNOT I'd like to change the 14th Amendment to say that if you're parents are not legal citizens, then you are not legal even if you were born here.
@TreeWizard @FreerideNOT Agreed. Make them prove they are legal citizens in order to receive benefits, and not just here on a work VISA or something like that. LEGAL CITIZENS!!!
@TreeWizard @Sundowner @FreerideNOT Who do you think will take care of the babies? (they are Americans after all)
@Sundowner @FreerideNOT Not to mention they would be back in a week.
@Sundowner @TreeWizard @FreerideNOT That's fine. The "anchor" babies can stay. We will just deport their parents. They can decide whether the kids stays here or go with them.
@TreeWizard @FreerideNOT This isn't a matter of just changing the law. It's part of the US Constitution.  You can keep wishing otherwise, but it's just not going to happen.
@FreerideNOT Yeah, I have no problem deporting their parents."Then change the law to say that if you are outside the US for 20% of your present life you lose your US citizenship if you are under 5 thus out of country for 1 yrs, its over" will that only apply to "anchor" babies?
Tree
That may be but we can immediately deport their parents. If they want to take the anchor with them then great. Then change the law to say that if you are outside the US for 20% of your present life you lose your US citizenship if you are under 5 thus out of country for 1 yrs, its over
@Sundowner @TreeWizard Yup. And I don't think that makes me a bad person, or an unsympathetic one either.
@FreerideNOT Unfortunately we cannot do anything about "anchor" babies.
@TreeWizard So you acknowledge what the law is, that if you're born on US soil, you're a citizen no matter the citizenship of the parents.  But you think part of the US Constitution should be changed so they aren't? Â
Well sunny aka not to bright
If a woman enters the US and drops an anchor it should not have US citizenship anymore than those who fly in from China to give birth in hospital-hotels and then depart after getting a ssn for their anchor......They are really dumb, China has a manadatory military service requirement, if anchor joins a foregin militaty they lose US citizenship.
@Sundowner @TreeWizard @FreerideNOT I never said "Anchor" babies were not citizens. I said that if neither of your parents are citizens and you are born here it should not equate to citizenship. "Or just the part that prevents you from throwing back all the "anchor babies"?" what? If by that you mean, I'll not recognize the kids that were illegally brought here as citizens and deport them. Than no, But I would have their parents deported.
Tree
Just think if allowed to continue you, I and sundowner will be speaking mexican which could be a bit of a problem as they do not even comprehend or respet the Treaty of Guadalupe-Hildago which established the border etc. Oh Sun you can find this info at Wikipedia.
@TreeWizard @FreerideNOT So you would like to do away with the Fourteenth Amendment to the US Constitution?  Or just the part that prevents you from throwing back all the "anchor babies"?  If they're born here, they're citizens.  Period.
@FreerideNOTÂ Amen that's what am saying,
Tree
For a child to have US citizenship one or both of their biological parents should be legal citizens of the US. If neither is then there is no US citizenship and deportation is in order.
@FreerideNOTÂ Do away with being born here makes you a Citizen if neither of your parents are. No access to schools, drivers licenses, government aid and tougher laws on business that higher illegals.
Tree
I agree illegals get nothing and I mean nothing from the taxpayers of the US. This includes any bennies for their anchors, themselves, no in state tution, no licence for anything. They should not be allowed to get housing, public utilities, medical care, education.
@FreerideNOTÂ Probably would help to restrict access to government services.Â
Oh yes I have and the solution is quite simple, if you are a criminal there is a penalty. If I were in charge, the first offence would be deportation the second offence would become a capitol offence and you might be bright enough to figure out how that goes. We DO NOT reward people for their criminal acts!
@FreerideNOTÂ So in answer to my question, no you have not thought out the idea.
I would give them a choice, self deport or they will be rounded up as they did in the 50's and loaded either in boxcars (yes I know the conotation) or a cargo ship and taken back to mexico's southern most border and let the mexican government decide what to do with their new "immigrants"Â 12 million criminals, enough is enough.
@FreerideNOTÂ Have you thought out the idea of deporting 12 million people who don't want to leave? Â The finanacial aspect would be phenomenal....the logistics would be impossible. Â What's your next idea?
@Diogenes @FreerideNOT Those are not the people I want. Also several of those field that Americans seem to think other Americans won't do. The census showed that in fact several Americans do those jobs, and in some fields more so than the illegals. I hate their attitude like they deserve citizenship and they are entitled to what we have, like getting instate tuition. My family came to this country a long long time ago, and they had earned their place through fighting in several wars, from The American Revolution to Granada.Â
@scoreboard @Diogenes @TreeWizard @FreerideNOTÂ
I'm "condoning" a complete overhaul of our immigration policy to reflect the real world, not the white supremacist fantasy scenario dreamed up 90 years ago and executed by Calvin Coolidge.
Don't you find it a bit odd that everybody knows our fruit and vegetables are picked by illegal immigrants, yet big factory farms are given a wink and  nudge by state and federal officials?  Why do you think that is?  If you answered, "Because we need those people to do those jobs, and our economy is based upon agriculture and cheap food," you'd be right.  If you said anything else, you'd be wrong.  The end.
@PlayanekesÂ
What's awful freakin' weird is your complete inability to actually formulate a thought that doesn't sound like a little boy imitating his daddy. Â We used to have laws in this country that forbade black people from drinking at the Whites Only water fountains. Â Then we changed them. Â But we didn't change the racism inherent in our immigration policy.
Oh, and idiot? Â Lots and LOTS of Asians are smuggled into our country all the time. Â If you'd ever bother to research your claims before spouting off like a tantrum throwing toddler, you'd have found that little tidbit quite easily.
@scoreboard @Sundowner @TreeWizard @Diogenes "How many countries do you know of that will cater to us if we don't speak their language?"
AMEN!Â
@Diogenes @TreeWizard @FreerideNOT  Well that's awful freakin' weird, giving the amount of Asian-Americans who came here after 1924.
Legally. Asians come here and earn their citizenship. They're hard workers.
Hiring illegals to mow your lawn and pick your apples isn't going to make YOU any less weaker or flabby.Â
@Sundowner @TreeWizard @Diogenes I gotta chime in on this one. I don't hate any race or color or creed or even sexual preference. I also welcome the immigrants that come to this state but only those the do so legally. It's the illegal ones that I have problems with. They take advantage of the system and pay little to no taxes into the system and the send practically all their money back home. Â
My point is that if they want to come to this country they need to do so legally and assimilate themselves into our laws and culture, not the other way around. For example, don't you think they should learn to speak English? How many countries do you know of that will cater to us if we don't speak their language? Go to France and try to order a meal in English. Good luck with that.Â
@Diogenes @TreeWizard @FreerideNOT So you're condoning them coming into this country illegally?Â
@Peregrine @Diogenes @TreeWizard @FreerideNOTÂ
Well, your women sure are purty, and y'all make some good horror movies, so I'll grant your premise...conditionally.
@Diogenes @TreeWizard @FreerideNOT Well... Us norwegians are pretty dang superior.Just saying.
@FreerideNOT @TreeWizard I didn't ask you to do research.  I said I tried to but there's nothing there.  There's no way for you to back up your claim, so I'd say it's false.
@Sundowner @TreeWizard @Diogenes comparing this violation of contract to a misdemeanor is quite a bit different. I can tell I made you mad, sorry.
I'm not going to do your research, I read the stories some time ago about the mexicans coming across the border not only for medical care including births and the education of their mexican citizen children in the US. The only good illegal is the deported illegal!
Talk about rhetoric read your post history!
@TreeWizard @Diogenes It's too late and I'm too tired to rebut your comment, but I'd like to point out one thing.  You're saying you dislike certain groups of people because they have "chosen to disregard are [sic] laws and have managed to make it seem like they are the victims..."  But it's somehow OK for this flag lady to break the rules of this apartment complex and act like a victim of the big bad landlord...and you support that.  Ironic to me.  Â
@FreerideNOT I tried to research your claim to find out how many hospitals have filed bankruptcy.  All I could find were two articles, one from 2002 (11 years ago) published by a white supremist group, Stormfront.com.  The other was from a far-right anti-immigration outfit quoting some survey in 2003 (10 years ago).  So if you have something valid to back up your comment, I'd certainly read it.  Right now your statement sounds like nothing more than rhetoric.
@Sundowner @TreeWizard @Diogenes Also, I said "I hated their attitude" and I do.
Sun
I hate criminals and those that disrespect our laws, our legal citizens and our society.......If someone enters the US legally and wants to become a US citizens and conform to our laws and customs/traditions then welcome. Anyone that enters/remains in the US illegally is a criminal and a parasite. How many hospitals along the border have gone banko because of the parasites from the south ?
@Sundowner @TreeWizard @Diogenes I don't hate people of a nationality. I dislike a group of people that can range from all different kinds of nationalities. I dislike them because they have chosen to disregard are laws and they have managed to make it seem like they are the victims. Instead of being punished like any other law breaker, we want to reward them, so yes, sorry I don't have warm and fuzzy feelings for them.Â
@TreeWizard @Diogenes I have a very difficult time comprehending the fear and dislike of any particular group or nationality...I don't "get" it, and really don't want to.  I respect your right to hate, but I fail to see where any of these people are harming you or threatening you any more than the 'born here, raised here' crowd.  I have too much empathy, sympathy and compassion to be like that. Â
@TreeWizard @Diogenes @FreerideNOTÂ
I love genealogy.  Remind me to tell you some day why my family crest is a field with three severed heads.  But for now, I've got to hit the rack.  Work comes early, tomorrow.  G'night. Â
@Diogenes @TreeWizard @FreerideNOT Well they were treated ALMOST as bad as blacks so it seems like they would project that anger onto a group thought of as lower than them. I had a distant relative that was in TR's Rough Riders, and a Very distant relation to the 9th president I think Via marriage. lol
@TreeWizard @Diogenes @FreerideNOTÂ
My great great grandfather's cousin, Michael Emmet Urell, won the Medal of Honor at Pickett's Charge. Â By all accounts, not a fan of the black man. Â We Irish were racist bastards when we sailed over, I tell ya.
@Diogenes @TreeWizard @FreerideNOT My grandpa's family on my moms side did. My grandma's on my mom side probably came around that time maybe a little earlier. Well they could have very well been white supremacists. I can't really say if they were or weren't. I can say that my grandpa on my mom's side had relatives that fought for the Union.Â
@TreeWizard @Diogenes @FreerideNOTÂ
Did your family come here before 1924? Â Because that's when white supremacists shut the door on everyone but Western Europeans. Â Calvin Coolidge signed the Immigration Act of 1924 by saying, "I believe in the inherent superiority of the Nordic Race." Â Included in that act was a closing of the Mexican border, which had been open since the founding of America, and the Asian Exclusion Act, which was about the most racist thing we'd done as a nation since the 3/5 Compromise codified slavery in the US Constitution. Â Your family and my family, they never faced anything like what we're putting these folks through. Â Back then, citizenship was easy. Â Now we make it as impossible as we can for everyone without a degree in computer engineering or a wealthy family. Â That ain't right, Honcho. Â And it ain't good for our country. Â We need a regular influx of tough people from bad places to keep us strong. Â Without new blood, America is just going to get weaker and flabbier, mark my words.