Thursday, December 3, 2009

Van T. Barfoot

Col. Van T. Barfoot is a 90-year-old Congressional Medal of Honor recipient.

He's an American hero, and he wants to fly the American flag from a flagpole on his property.

The Sussex Square Homeowners Association in Henrico County, Virginia won't permit this veteran of three wars to do it.

From the Richmond Times-Dispatch:

In a five-paragraph letter to Barfoot that he received yesterday, Barfoot is being ordered to remove a flagpole from his yard. The decorated veteran of three wars, now 90 years old, raises the American flag every morning on the pole, then lowers and folds the flag at dusk each day in a three-corner military fashion.

In a priority mail letter, the Coates & Davenport law firm in Richmond is ordering Barfoot to remove the pole by 5 p.m. Friday or face "legal action being brought to enforce the Covenants and Restrictions against you." The letter states that Barfoot will be subject to paying all legal fees and costs in any successful legal proceeding pursued by the homeowner association's board.

Barfoot's daughter said this evening that news reports about the association order have prompted an outpouring of sympathy and offers of help from people following her father's ordeal.

Tonight, the Sussex Square Homeowners Association issued a statement reiterating its position that Barfoot directly violated the association board's denial of his request to erect a flagpole.

"This is not about the American flag. This about a flagpole," the statement reads.

Barfoot lives in the Sussex Square community in far western Henrico; its board of directors rejected a plea from Barfoot in July to approve the pole, disallowing the fixture on aesthetic grounds.

There is no provision in the community's rules expressly forbidding flagpoles, Barfoot's daughter said. But she said the board ruled against her father's fixture and ordered it removed in July, deciding that free-standing flag poles are not aesthetically appropriate. Short flag stands attached to porches dot the community.

"Dad sort of feels like this is the end," said Margaret Nicholls, Barfoot's daughter, who lives a few doors away. But she said this morning that she and her husband are attempting to generate support for her father's cause, a flag-raising rite that he has undertaken for most of his life.

Barfoot received the Medal of Honor on the battlefield during World War II in Italy and fought as well in the Korean and Vietnam wars. A portion of a highway in rural Mississippi, his native state, was named in his honor this fall. A building at McGuire Veterans Hospital in Richmond also carries his name.

This is another case of an idiotic homeowners association throwing its weight around.

What is it about being in a position to wield power and exert control over others that causes some of the people on these boards to go nuts?

Barfoot did not receive permission to have a freestanding flagpole and he put it up anyway.

That's a violation, but it was an unreasonable decision by the board.

A flagpole isn't aesthetically pleasing? Give me a break.

That's ridiculous.

The Sussex Square Homeowners Association should not only allow Barfoot to keep his American flag display, it should issue him an immediate and very public apology.

The Association should pay to erect a statue in honor of Barfoot. Perhaps that would remind the members the debt that they owe Barfoot and heroes like him.


Video.


UPDATE: "Veteran draws support in fight for flagpole"
A flood of help is building for an embattled Medal of Honor winner in Henrico County who was ordered this week to remove a flagpole from his yard by his community's homeowners association.

From the halls of Congress to the 90-year-old colonel's old infantry unit, a local law firm and scores of service members, help is making its way to Col. Van T. Barfoot.

"He said he was outraged and wanted to help," Barfoot's daughter said yesterday, speaking of U.S. Sen. Mark R. Warner, D-Va., who learned of Barfoot's plight on TimesDispatch.com yesterday.

..."There's never been a day in my life or a place I've lived in my life that you couldn't fly the American flag," he said.

Barfoot's neighbors are split, with some saying that the community covenants should have no exceptions, and that Barfoot was given the community's covenants before he bought the property. Others support him regardless.

Sally Hedleston, whose house has a legal flagpole attached, said she has asked board members to make an exception for the Medal of Honor winner.

"Some board members say that rules are rules -- well, how many of them have broken the speed limit every day here?" she asked.

Here's the thing: "There is no provision in the community's rules expressly forbidding flagpoles," according to Barfoot's daughter.

When Barfoot bought the property he couldn't have known that his request would be denied.

The association made an arbitrary decision forbidding the flagpole based on aesthetic grounds. Obviously, that's very subjective. If different people were on the board, it's entirely possible that they would have permitted Barfoot's request.

He did submit a request to the board. The board members' response was totally unreasonable.

Yes, rules are rules; but it's wrong to enforce an utterly lame ruling.

I can't believe those people would actually threaten 90-year-old Congressional Medal of Honor recipient Barfoot with legal action.

This is not good publicity for the Coates & Davenport law firm in Richmond, (800)450-8311. What were they thinking to get involved in a case like this and use such heavy-handed tactics?

It's a disgrace.

Barfoot deserves to be honored, not harassed by dweebs.

The Sussex Square Homeowners Association board of directors should be ashamed.

__________________

UPDATE: "Homeowners group backs off flagpole threat"
__________________

UPDATE: "Colonel thanks backers, but flagpole saga may not be over"
Freed from the threat of immediate legal action, the battle-tested retired Army colonel at the center of a fight over a flagpole and the American flag thanked his thousands of supporters yesterday.

...[A] Sussex Square resident last night with knowledge of board deliberations, stressed that no decision has been made about how the board intends to proceed, if at all.

Asking that he not be named because of the intense level of debate and commentary, he warned against any definitive notion that the pole will be allowed to remain in place uncontested. He described the dropping of legal action as an effort to calm nerves and allow some state of normalcy to return to the community.

"We are a community of older residents," he said, noting that some board members are veterans and that American flags hang from many porches. "Some of us in the community have received death threats. Some board members have received up to 200, 250 telephone calls a day."

9 comments:

Unknown said...

Second Lieutenant Barfoot's official Medal of Honor citation reads:
For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.[4]

al said...

No good deed goes unpunished. The problem is not with his homeowners association. It is with them all. Associations are attached to property deeds and there is no transparency required by law. Real Estate Agents do not disclose all the covenants and declarations, by-laws, or rules that can change from time to time as the wind blows. In my Association I removed my flag because the majority of members decided to take away the right of free speech from a member. Of course it is not legal but the cost to fight anything an association does is in the tens of thousands. The sales agents are long gone and the chance of collecting anything from them is zero. The board of directors if they are smart carry D&O Insurance which covers them for being stupid and making stupid decisions. The cost is therefore carried by the homeowner. My father a WWII B-17 Bomber pilot in the Mighty 8th Army Air Force was shot down got his crew safely down a few hundred yards over the fire line landing in Belgium. He was shuttled back to England to fly an extra five he did not have to. More than anything I flew the flag out of respect for him and all Veterans who allowed me to live in a relatively free society. My Fascist neighbors apparently cannot appreciate that. Most of them get on the Board to change rules to allow them to do something that is not allowed. The fight will begin with the attention these associations get when their rules are made known and will cause property values to decline.

Unknown said...

Here's the email addy of the law firm representing the Homeownsers Assoc. You can bet if the flag was red with a hammer and sickle on it the ACLU would be out there defending it. Semper Fi.
http://www.coateslaw.com/CM/Custom/Contact.asp.

Unknown said...

What the f*** was the homowners association thinking? They must be a bunch of Commies. This amazing man just want to display the flag of the country he risked his life for and these a&^$@^$# want to take it down? WTF has this world come to?

top1939 said...

When Second Lieutenant Barfoot fought against all odds and won - in WW2 -- he earned -- more so that any slug in his Housing Area - the right to be an AMERICAN !! He should be allowed to fly the FLAG 24/7 - He has earned that right ----- and NO MAN on earth has the right to denight that right.... NO ONE... I salute him !!! God Bless and keep you Colonel !!! SERGEANT MAJOR - US ARMY Retired

Luke Easter said...

Van T. Barfoot “Medal Of Honor”

Injustice oh injust, a Medal of Honor recipient put to the test,
Over the flag of a country he served, giving his ultimate best,
Heading east from Carthage in Mississippi, State Route # 16,
After a few miles the sign, Edinburg, you’ll see what I mean.

This quiet unassuming fellow, a little history so you’ll know,
Just in front of his residence, he wanted to put up a flagpole,
Serving in World War II, Korea & a stint in South Viet Nam,
Received our nations, “Medal of Honor” from his Uncle Sam.

With, “Stars & Stripes” in his yard, neighbors had other plans,
Medal of Honor, served in 3 wars, big deal, who gives a damn?
These suburban folks in Virginia, they had rules of their own,
And would not leave this 90 year-old decorated veteran alone.

Born June 15, 1919, Van T. Barfoot, didn’t mean much then,
However, 25 years later, May 23, 1944, heroics would begin,
German machine gun positions, bullets like rain falling down,
Courageously set out to destroy enemy fire, he circled around.

He advanced through a minefield taking out not 1 or 2 but 3,
Returning with 17 prisoners of war but not the end you see,
As later in the same day, 3 German takes were sent to retake,
The area he earlier secured, can you say, big, big, big mistake?

So, he took on and annihilated those on high like those on low,
Not from a plane, a tank, from the ground, wouldn’t you know,
How dare the army award a Choctaw Indian an award so high,
Why not? Seeing that he was here before settlers thru his tribe.

He was denied a permit yet chose to erect the flagpole anyway,
Facing a day in court, that’s right, the “hero” might have to pay,
Wait a minute are we talking about the Private to Colonel dude?
He helped save this country and his neighbors have an attitude?

Not in one war, one year, one month, one week but in one day,
Technicality, “neighborhood association's” rulebook will say,
And what is the biggest thing terribly wrong with this picture?
If it wasn’t for guys like this we’d all be saying, “Heil Hitler!”

Happy ending, because since this story became national news,
Coupled with his age of 90, he was allowed to bend the rules,
So it was media pressure that made the association play along,
No news coverage & they might gotten away with this wrong.

By Luke Easter

oldpissedoffwhitedude said...

what can i do to be of help ? maybe at the end of each day when the flag is lowered colonel van t. barfoot can use the flag pole to start hanging some of the fools that requested that the flag be removed COMMIES ! HAVE A GREAT DAY ! oldpissedoffwhitedude

Phil Crone (UK) said...

A 90 year young vet is told to take down a flagpole on his property. It defies belief. How many of the homeowners even saw WWII? Not many I'll be bound. I did 22yrs in the Brit army, but didn't even see a shot fired in anger. Stick by your guns mate. Phil Crone

Unknown said...

I only pray( that if Van T. Barfoot has children .) that his children , followed by his grandchildren, and great grandchildren ,and great great grand children ,move into his home after he passes, and does him the honor of flying that flag for 100 more years. We live in America NOT communist CHINA. We live in the land of the free . This honrable man fought and risked his life for those losers in that neighborhood. He fought for the ignorant bunch of morons that are leading this country .And they have the audacity to question whether he should be allowed to fly the flag he defended???? Those that have no love for the flag BE DAMNED!!!!!!!