When a Fort Hood soldier was ordered to remove the American flag from his rental home, he was stunned. As his veteran neighbors learned about the demand, they were also none too pleased. That’s when they all decided to do something about the “absolutely disgusting and unpatriotic” request.
Sgt. Chris Link, an active duty Fort Hood soldier, found himself faced with an unexpected battle at home, in the peaceful Falls of Fox Creek community in Killeen, Texas. Link received an email from Robert Woods, the homeowners association president, instructing him to remove the American flag hanging from a pole in his yard.
Although the email acknowledged that “90% of the homeowners are retired military,” it demanded that Link remove the flag or face a violation and possible fine. This was due to the community guidelines, which stipulated that flags were not to be flown on poles and could only be displayed on Memorial Day, Labor Day, Veterans Day, and Flag Day.
“Please understand 90% of the homeowners are retired military and when the four days of the year that we can display our flags, we do. So, please remove the flag so there will be no violation sent out with a fine attached to it,” the email stated.
Instead of immediately complying, Sgt. Link decided to stand up for his right to fly the American flag. He removed the flag from the pole and mounted it to his house with brackets. Additionally, he informed the HOA manager of the Freedom to Display the American Flag Act of 2005, which clearly states:
“A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
“States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.”
The HOA manager, upon learning about the federal law, agreed with Link and confirmed that he would not be fined in accordance with the act. But Sgt. Link wasn’t done. He then directed his attention towards Robert Woods. In an email, he informed Woods about the Freedom to Display the American Flag Act of 2005.
The response from Woods, however, was not cooperative. “You cannot display your flag. We have gone through this with a number of homeowners. Please remove it, or I will have your fine sent out today,” Woods insisted.
Link countered by clarifying that the HOA bylaws only mentioned the presence of a flagpole and not the display of a flag. He firmly stated, “The issue is settled and frankly, I think it is absolutely disgusting and unpatriotic of you to try to bully the members of this community into not flying an AMERICAN flag.” Woods still wouldn’t relent, and sent pictures to the homeowner renting the property to Link.
According to Woods, the homeowner did not approve of the flag’s placement and wanted it removed. Woods reiterated that the bylaws must be followed without exception. “He said for you to remove the flag. When the owner of the property say[s] do something, you comply,” Woods stated. “Sorry you [feel] that we are unpatriotic. I served 28 years in the military, but the HOA has its own by-laws that will be followed and you will follow them like everyone else, no exception.”
As news of this conflict spread, neighbors rallied in support of Sgt. Link. Veteran and neighbor Clifford Devaul voiced his disapproval of the HOA’s stance. “I don’t think anybody who has a home in the United States of America should be told they can’t fly the colors, the flag for that same country they’re residing in,” Devaul said. In support of Link, several neighbors began flying their own American flags.
Sgt. Chris Link sought legal counsel, and his attorney, Josh Pearson, asserted, “Sgt. Link has not violated any valid or enforceable provisions of the HOA bylaws.” In a subsequent report by KCEN-TV, it was confirmed that no fine would be issued as an active investigation was never opened.
Reflecting on his decision to stand firm, Sgt. Link shared, “That flag means more to me than a lot of people realize. That’s the only reason I joined the Army … to fight for my country ’cause I love that flag; I love everything that flag stands for.” He continued, “It is a federally protected right that we can fly the American flag in America no matter where you are. People have been obviously bullied into taking their flags down. Just stand up and fight for your right.” With unwavering determination, Sgt. Link not only upheld his right but also educated his community on the importance of federal laws. Well done, soldier.
