They prize the eagle in their yard as a national symbol.

Their homeowners association just wants it to fly away.

Article Courtesy of The St. Petersburg Times

By JUSTIN GEORGE
Posted on January 25, 2005

INVERNESS - The 5-foot-tall eagle on the front lawn has its talons firmly clutched around a fish.

That's how Patrick and Nina Bailey feel now that their homeowners association has sued them over the black lawn ornament.

Made of heavy aluminum, it barely budged during two storms that brought near-hurricane gusts to Oakwood Village, a Citrus County retirement community at Beverly Hills. And Patrick Bailey, a 51-year-old former Navy seal, isn't about to move it.

"The last time I checked, we were living in the United States," Bailey said.

The eagle statue, affixed with a "Pray for Our Troops" yellow sticker, has landed in a classic debate of what is considered unsightly.

"You move to a deed-restricted community, you have to accept that there are restrictions on your property," said Carl Bertoch, the attorney representing Oakwood Village in the lawsuit. "They relocate it to the back yard, the case goes away."

But Bailey, who works at a Wal-Mart distribution center and barely has the money to hire a lawyer, isn't listening. Much of his life has been focused around the national emblem.

"Eagles are a symbol of our freedom," he said, "and that's what they represent."

A Bible verse that mentions eagles is painted on the gas tank of his 1996 Yamaha Royal Star motorcycle. The bike is custom-painted with two eagles. The helmets worn by Bailey and his wife, Nina, are adorned with eagles.

In their home, the couple have eagle lamps and eagle blankets.

"I used to have visions riding bikes when I felt like I was an eagle," Patrick Bailey said, spreading his arms, "because it's my form of freedom."

He saw the $800 lawn ornament on a ride to Daytona three years ago.

Last year, the Baileys bought the eagle and, after studying deed restrictions, erected it on the front lawn to fill a gap between bushes.

Soon, they received a complaint notice. They also got letters warning of $1,000 fines for not seeking preapproval of structures.

At an Oct. 5 hearing, the Baileys argued the eagle wasn't a structure.

The homeowners association's board of directors then cited another deed restriction that allows them to order the removal of lawn ornaments or statues they consider "unsightly."

The Baileys had until Oct. 18 to comply or face a $50 fine, plus $10 a day.

They didn't budge.

The lawsuit was served Tuesday. It asks the judge to order removal of the eagle, and to force the Baileys to pay Oakwood Village's legal expenses and court costs. They have 20 days to respond.

"My question is," Nina Bailey asked, "what's the definition of unsightly?"

Bertoch, the association's attorney, said Oakwood Village homeowners gave the board of directors the power to make that decision. They are charged with protecting property values from distasteful objects.

"If the people want to live in a place where restrictions aren't enforced," Bertoch said, "they can elect people who will ignore the restrictions."

Oakwood Village is the same neighborhood that drew headlines last year after the association threatened a 69-year-old retiree with fines for xeriscaping his yard with native plants.

Both sides eventually agreed a little more grass might end the dispute.

But Nina Bailey said the association is being unreasonable in this case. She pulled out photos of neighborhood gingerbread houses and other lawn statuary.

"To us it was the classiest thing out there," Patrick Bailey said of his choice.

Neighbors don't see a problem.

"I have not only told that to the Baileys," said Russell Gifford, whose home has a bird's-eye view, "but to our illustrious leader of the homeowners association."

"In fact," Joan Gifford told her husband, "you said it was nice looking."

On the Baileys' wall hangs a winged angel riding a motorcycle. A friend, who died of cancer, gave it to Patrick Bailey. He tattooed the picture on his chest.

Its permanence, his wife said, is proof of her husband's seriousness.

"It's not just a bird," she said.