A Colorado man is facing eviction because he is defying a rule prohibiting tenants from his apartment complex from flying the American flag.
MIles Hoenisch, who lives in the Avana Eastlake Apartments in Thornton, said he served in the Army for nearly seven years and had a tour of duty in Iraq, KDVR reported.
“I joined the Army because I wanted to give back to my country,” Hoenisch told the television station.
According to Hoenisch, his lease agreement notes that no flags of any kind are allowed on balconies, KDVR reported. Hoenisch said he has displayed the American flag on his balcony since mid-June and was told by the property manager last week to remove it.
When Hoenisch asked why he said the apartment official told him "the American flag makes the property look undesirable."
“We can’t fly the American flag, which makes no damn sense to me,” Hoenisch told KDVR.
In a statement, officials from Avana Eastlake Apartments said they are required "to treat all residents the same."
“We are proud to support our country and the veterans who have served," the statement said. "Our lease agreement, which all residents sign, prohibits any type of flag displayed from balconies. We often remind residents of this policy and whether it is a college football flag or an American flag,"
“The country itself, and the pride of this country is not the same as it used to be,” Hoenisch told KDVR.
Hoenisch said he will continue to fight the rule, the television station reported.
According to Denver attorney Parker Semler, federal and state laws prevent homeowner associations and condominium associations from banning the display of American flags, KDVR reported. Those laws, however, do not apply to tenants in apartments, the attorney told the television station.
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