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Bill: Let Stars and Stripes be flown

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Erin Painter/The Island Packet
The flag pictured files at a home in Hilton Head Plantation, which allows its residents to have flagpoles. A bill moving through the state legislature addresses residents' rights to fly the American flag, no matter what the regulations for flying flags are in a particular community's covenants.
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House, Senate differ on flagpole rules


Other stories by Jessica Flathmann
Published Monday, April 5th, 2004

Flying the American flag on one's property should be allowed no matter what the regulations for flying flags are in a community's covenants, according to a bill moving through the state legislature.

But exactly who will be allowed to fly the flag on a flagpole depends on which version of the bill becomes law.

The House and the Senate versions take different stands on whether to allow flags to be flown on a flagpole no matter what community covenants say.

The version passed by the House last year would allow anyone to put up a flagpole or fly a flag from their home. The Senate Judiciary Committee last month passed an amended version of the House bill that would require homeowners to follow the community's covenants if flagpoles are outlined specifically, but would allow flagpoles if they aren't mentioned clearly in the covenants.

State Rep. Becky Richardson, R-York County, said she sponsored the House bill because communities shouldn't prevent people from flying the American flag.

"This is America," Richardson said. "I hate (that) it has to take a state law to allow someone the privilege of flying their flag."

She said she introduced the bill because a property owner in the Myrtle Beach area had been fined by his community for putting up a flagpole to fly the American flag.

State Rep. JoAnne Gilham, R-Hilton Head Island and a co-sponsor of the bill, said she didn't have a problem with the Senate Judiciary Committee changes to the bill because people still are allowed to fly the flag.

While nearly all communities have some covenants, what they say varies widely in southern Beaufort County. For example, Hilton Head Plantation and Sea Pines allow flagpoles as long as they are approved by the their respective architectural review boards, but Sun City Hilton Head bans flagpoles.

James Dick, an Eagle's Pointe resident who had to fight the property owners association to keep his flagpole, said he supports the bill.

"I think it's a great thing," he said.

Bob Erickson, president of the Eagle's Pointe association, said the community allows flagpoles as long as they are approved by the Architectural Control Committee. He said trouble arose because Dick's flagpole wasn't approved before it was installed.

Dan Davis, Port Royal Plantation general manager, said the bill wouldn't affect the community because it allows flagpoles as long as they aren't higher than 20 feet and are within the building setback.

Flags can be flown from the home in most communities. Sun City Hilton Head allows up to two flags to be displayed from the home or garage.

But because of the varying covenants, the bill, in either form, would affect each community differently.

State Rep. Bill Herbkersman, R-Bluffton, said he supported the bill because people should be allowed to fly the American flag. But he said the proposal might be seen as a test to covenants.

State Sen. Scott Richardson, R-Hilton Head and a member of the Senate Judiciary Committee, said the committee normally doesn't take up bills dealing with community covenants, but it was discussed because it involved the American flag.

"This is a feel-good bill," Richardson said.

The legislation is awaiting debate and a vote in the Senate.

Contact Jessica Flathmann at 706-8142 or .

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