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HOA cites homeowners for hanging rainbow flag to celebrate diversity

Posted by   /  April 14, 2017  /  1 Comment

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The American and rainbow flags hang side by side inside the garage windows of Bonnie Daly’s Cave Creek home. Her homeowner’s association has asked she and her neighbor to remove “unslightly items” from public view. /Photo by Mija Maslar/Cronkite News

By Mija Maslar | Cronkite News

CAVE CREEK – Ken Haycraft hung an American flag and a rainbow flag, which honors gay and transgender communities, inside a garage window to celebrate diversity.

The homeowner’s association sent him a letter five weeks later demanding Haycraft remove “unsightly items” from public view to keep the development “a beautiful, well maintained community.”

Haycraft and his neighbor, Bonnie Daly, who hung flags in her garage window to support her neighbor, are each appealing the citation from the Dove Valley Ranch Community Association.

Haycraft hung the rainbow and American flags in his garage windows shortly after the presidential inauguration in January.

“When I look at the American flag, I think of the Pledge of Allegiance with liberty and justice for all. When I look at the diversity flag, which is about everyone being welcome, I think the same thing,” said Haycraft, an Army veteran. “What these flags represent are the freedoms I worked to defend in the military where everyone is welcome.”

Daly said she’s not certain which flag the HOA objects to, since the American flag and rainbow flag are both multi-colored. But it doesn’t matter, she said.

“These are flag drapes on the inside of m garage door windows and I’m not going to remove them,” Daly said.

Daly hung the flags to support her neighbor, but she also had her owns reason to celebrate diversity.

“Diversity to me doesn’t mean gay, pride, or LGBTQ. It means diversity. We are all different… Different races and religions. It goes deeper than just the rainbow covered flag,” Daly said.

Both neighbors appealed the violation. Vern Miller, community manager for the association, declined comment Thursday. The board will hear the neighbors’ appeal April 20.

“We have been a homeowner in Dover Valley Ranch since April 2003, and have enjoyed our community, the surrounding area and our neighbors,” Daly wrote. “We are appalled that such discrimination is taking place in our neighborhood. And, as Americans, we are afforded certain constitutional rights.”

The two neighbors, who have lived in the community for years, questioned the citations, saying HOA rules do not restrict flags and interior house decorations do not need to be approved.

Augustus Shaw, a Phoenix attorney, said homeowner’s associations have a legal right to to request that certain items be removed from public view. Shaw has worked with HOA’s for 15 years, but does not represent the Dove Valley association.

“In this situation, the rainbow flag is not protected by the relevant statute so the association could restrict the flying of that flag,” Shaw said.

Shaw says certain flags, like the American flag and state flag, can be displayed and are protected by law. The rainbow flag is not.

“The association does have the ability to regulate exterior facets of a home,” Shaw says. “If this flag can be seen from the street or sidewalk, it can be considered part of the exterior.”

Still, Haycraft doesn’t understand why the HOA letter refers to the flag as “unsightly.”

“This is not an ugly flag. It’s not a call to violence and it’s not a call to oppress someone… It’s a call to lift up everyone,” Haycraft said.

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  • Published: 3 months ago on April 14, 2017
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  • Last Modified: April 14, 2017 @ 6:26 am
  • Filed Under: Real Estate

1 Comment

  1. STATE OF MIND says:

    this is one of the saddest and horrific stories i have read. it’s sad that this state is very immature and doesn’t accept diversity of any kind. this is why this state is rising in crime and yet, they prefer people to be a one kind and it’s sickening. where would they be without their “rights to carry guns” if they were in any other state that wouldn’t allow them to ? would they react differently to diversity then because their circumstances would be different? have they ever even been to a real east coast state where it is illegal to carry but yet a very diversified state full of different culture, food, learning about other people’s countries and becoming more educated? What is the problem here and why is this even an issue anymore in this 21 century? Even if we were all one breed, doesn’t mean they would be better human beings? it is more of a form of an imprisonment with too many restrictions, and no one should be subjected to such non sense. If people are going to be good, they are going to be good, if they aren’t they just aren’t and that’s it. it’s called human nature. but i see that the ignorance here is still at a very early infancy. So horrible. If we were all supposed to be so “perfect”, that’s how god would have made us all. but it’s not REALISTIC…STOP THE HATE ALREADY, IT’S HURTING MORE THAN HELPING…NO ONE SHOULD HAVE TO BE BULLIED JUST BECAUSE OF THEIR PERSONAL LIFESTYLE DECISIONS. AS LONG AS NO ONE IS BRINGING IT TO YOUR PERSONAL BUSINESS, THEN LEAVE PEOPLE ALONE. THERE ARE ALOT OF GREAT PEOPLE IN THIS WORLD THAT ALSO CONTRIBUTE TO THEIR COMMUNITIES AND JUST BECAUSE OF AN ETHNICITY OR A RACE, THEY ARE STILL BEING JUDGED AND INHUMANELY TREATED????? WHAT IF YOUR OWN KID GROWS UP AND CHOOSES A DIFFERENT KIND OF LIFESTYLE THAT THEIR PARENT’S DIDN’T EXPECT..??? WE ARE ALL SOMEONE’S CHILD, DAUGHTER, SISTER, COUSIN, BROTHERS OR SISTERS…STOP THE HATE ALREADY….YOU’RE NOT SERVING ANY PURPOSE. EVERYONE BLEEDS THE SAME COLOR BLOOD…RED…THERE’S ONLY ONE RACE..THE HUMAN RACE…

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