By Kathryn Quigley, Palm Beach Post Staff
man given OK to fly flag
of The Palm Beach Post
Wednesday, July 3, 2002
JUPITER -- Just in time for Independence
Day, George Andres got word from a judge that he can fly Old Glory without
fear of fines from his homeowners association.
At least for now.
Circuit Judge Ronald Alvarez signed an
emergency injunction on Tuesday giving Andres the right to fly his flag
from a 12-foot pole despite the homeowner association's prohibition, according
to his attorney, Barry Silver.
It is unclear how long the emergency injunction
will remain in effect because the association can challenge it.
For two years, Andres has been embroiled
in legal action with Indian Creek Phase III B Homeowners Association over
the flagpole in the corner of his front yard. The association says he can
fly a flag, but from a bracket on his house and not from a pole.
Two years ago, a judge ordered Andres to
take down the flagpole, which has cost Andres more than $30,000 in fines
and legal fees. In June 2001, a court said Andres must pay $100 for every
day the pole is up.
The association says it has spent $21,000
in legal fees and court costs fighting Andres and has filed a lien against
his home to collect the money.
Tuesday's injunction stems from a new lawsuit
Andres filed after the state legislature, spurred by Andres' battle, passed
a law recently in support of homeowners who fly flags "in a respectful
way." The association argues that Andres at least must pay for his defiance
prior to the new law.
Gov. Jeb Bush visited Andres on Flag Day
and gave the Korean War veteran $100 -- enough to cover one day's worth
of fines. Wearing a green tie adorned with American flags and bombs bursting
in air, Bush also handed Andres a flag that had flown over the state Capitol.