By Sanjay Bhatt
Monday, November 12, 2001

JUPITER -- These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. 

If American revolutionary Thomas Paine's words resonate now, some would call George Andres this city's standardbearer, judging by the 60 war veterans and friends who rallied to his cause on Sunday, Veterans Day. 

Andres, 64, is defying the Indian Creek Homeowners Association Phase 3B Inc. and a circuit court order to take down his 12-foot flagpole flying Old Glory on his property. The ex-Marine faces more than $5,000 in fines, $22,000 in legal fees and foreclosure proceedings on his brick home on Doe Trail for his defiance. Andres' attorney, Barry Silver, said his client's passion echoes earlier firebrands, like Paine, Davy Crockett and Gandhi. 

"The fight he's engaged in is similar," Silver said. "It's a fight for freedom. There's tyranny. It's on a small scale. There's tyranny because the board doesn't listen to the people." 

The association's board, which is elected annually by about 100 residents, says its rules prohibit Andres from using a flagpole and that Andres could fly a flag from a bracket attached to his home, like his neighbors do. The association's lawyer could not be reached for comment Sunday. 

The Jupiter man's defiance has sparked calls at the local, state and national levels for laws permitting flag-flying regardless of homeowners association rules. Andres will face the homeowners association again in Judge Catherine Brunson's court on Nov. 26. Brunson is fining Andres $100 a day for disobeying her order. 

"My flag will remain up, and that's it," Andres said, eliciting cheers from the crowd. 

Sunday's Veterans Day ceremony in front of Andres' home drew about 25 veterans from Broward County. A color guard stood in front of his home as the crowd recited the Pledge of Allegiance, followed by Silver's rendition of God Bless America. He and his father, Rabbi Sam Silver, each read poems they wrote, one serious, the other sarcastic. 

"It's a Banned Old Flag, it's a contraband flag at the Indian Creek Association," Silver crooned. "Don't even try to let it fly or they will commence litigation." 

One of Andres' friends, Mary Bernacki, 65, spoke out against the homeowners association, and its chairwoman in particular. 

"I'm terribly, terribly ashamed of the behavior of the people around here against George's pole," Bernacki said. "She has favorites. . . . I just can't say anymore because it would be too nasty." 

Andres said he has sought to call a special meeting, and has submitted the necessary number of signatures, but the association's board hasn't responded to his request. He gathered 41 signatures on Sunday to support his cause. For his efforts, the James Frederick Association has bestowed on Andres its Citizen/Patriot Award. 

Courtesy of the Jupiter Courier

Jupiter’s "flag man" George Andres has a Veteran’s Day celebration planned for his Indian Creek community, thanks to South Florida veterans who plan to stage a full-dress ceremony in front of his home Nov. 11. 

Andres, the former Marine being sued by his homeowners association for erecting an illegal flagpole, was thrilled at the news that the Broward County Chapter of the Military Order of the Purple Heart wants to conduct a Veteran’s Day ceremony complete with the firing of 21 rifles at the foot of his notorious flagpole, now the topic of international discussion. 

"I love it," Andres said of the offer by Carlos Fernandez of Fort Lauderdale, head of the Broward County veterans group. 

The Order of the Purple Heart is an organization for members of the U.S. military who have been wounded in action. The Purple Heart medal is awarded to those veterans. There are 2,600 members in Florida. 

Fernandez learned of Andres’ 18-month-long battle with the Indian Creek Phase III-B Homeowners Association through a Jupiter Courier news story last week stating that the association would begin foreclosure proceedings next month against Andres’ home at 125 Doe Trail. 

"We could not let a veteran possibly lose his home without offering to help," Fernandez said. Fernandez said the program would include as many as 100 veterans. He said he plans to invite Gov. Jeb Bush, along with state legislators. 

Fernandez also spoke Tuesday with Jupiter Police Chief Richard Westgate about staging a 21-gun rifle salute to fallen veterans. Westgate said he asked Fernandez to submit documentation about the event to allow the Town of Jupiter to study what is proposed before allowing the gun ceremony. 

"Since Sept. 11 we have to be very careful," said Westgate. "People could be very concerned hearing 21 gunshots reverberating in a residential area." 

At the center of the flap is a 12-foot-high flagpole Andres erected in 1999 outside his home. He claims the then-board of directors of the homeowners association gave him permission to do so. A subsequent board determined the pole violated association by-laws and ordered it removed. Although Andres did occasionally dismantle the pole, it largely was left in place. The association sued. 

Palm Beach County Circuit Court Judge Catherine Brunson twice has found in favor of the association and ordered Andres to pay the group’s legal costs, now amounting to nearly $28,000. In addition, Andres and his wife Ann face a daily fine of $100 for every day the flag is flown in defiance of the court order. 

Attorney Steven Selz, representing the association, said last week that foreclosure would begin "within the next couple of weeks." 

The next step in the court fight will take place at a second evidentiary hearing before Brunson on Nov. 2. 

Local news stories about the court fight over the flagpole are featured on Internet Web sites. Andres said he has received hundreds of e-mails in support of his flag. 

"I’ve been doing radio shows in California, Detroit, St. Louis, Syracuse, Des Moines. Tomorrow (today) I’m going to be on Alabama and Tampa." 

But the flag battle has taken a toll on the 61-year-old Korean war veteran. 

"I’m getting stomach aches and I’m now taking blood pressure medicine. Sometimes my wife and I just have to get in the car and go somewhere, just to get out of here." 

Andres, working with First Union Bank, has set up the George Andres Flag Fund. Donations can be sent to the fund at 125 Doe Trail, Jupiter, FL 33458. Andres said that if his case is dismissed, or if he is not forced to pay fines and penalties, all money donated to the fund will be given to the American Red Cross and Salvation Army for disaster relief. 
[email protected] 

Net results :

This week, The Jupiter Courier received more than 100 e-mails, all in support of George Andres: 

October 12,2001 
By Randall Murray
News staff writer 

In an effort to defend his right to fly an American flag in front of his Jupiter home, former Marine George Andres might lose that home. 

The Indian Creek Phase III-B Homeowners Association has placed a lien against Andres' house at 125 Doe Trail. The attorney representing the association revealed Thursday that foreclosure proceedings "will begin within the next couple of weeks." 

Andres said he has not been notified by the association or by the court of pending foreclosure procedures. "I have not received one letter or message," he said. 

As part of the foreclosure process, attorney Steven Selz said, Andres and his wife, Ann, will be interviewed to determine what financial resources they have to pay the association more than $21,000 in costs, as ordered by Palm Beach County Circuit Judge Catherine M. Brunson. In addition, daily fines calculated to mid-June add $7,400 to the Andres' financial woes. 

In a brief hearing Thursday before Brunson, Andres' attorney Barry Silver asked the judge to review her original finding in favor of the association. Silver said the association had committed "fraud upon the court." 

Silver told the judge that to uphold the ruling ordering Andres to lower the flag and dismantle the pole would be a "manifest injustice." The association contends that Andres, 61, has violated the association by-laws, which prohibit flags from being flown on flag poles. Instead, flags only can be flown from brackets attached to the side of the houses there. 

Silver said the charge brought by the association was fraudulent because it first made one argument - that it objected to the pole but not the flag - then another - that it objected to both. 

Silver said the association's dogged pursuit of Andres and the flagpole he erected in defiance of association rules, "runs against public policy." He cited Florida law banning restrictions on flag displays and proclamations by Gov. Jeb Bush and President Bush, urging associations to do away with regulations governing displays of Old Glory. 

Brunson, however, was not convinced. Stating she saw no evidence produced by Silver to support his fraud claim, she dismissed his motion. 

"I guess the judge felt that when Gov. Bush and President Bush urged people to fly the flag, they didn't mean my flag," Andres said. 

Brunson told Silver if he would like to submit more evidence, he could request an evidentiary hearing. A tentative date of Nov. 2 has been set for that hearing. 

After Thursday's hearing, Selz stated, "There is a point at which you say 'It's over.' Unfortunately, the Andreses have not accepted the finality of decisions that have been made." 

Selz accused Silver of creating "frivolous issues" simply to delay the inevitable. 

Silver could not be reached for comment. 

Andres said he was given verbal permission by a previous association board to put up the 12-foot pole. Citing association by-laws, the present board told him to take it down. Andres refused, and the association eventually sued. 

Brunson in June upheld the association's claim and imposed a $100-a-day fine on Andres. In addition, he was ordered to pay nearly $21,000 in legal fees and costs incurred by the association. 

But Andres has not budged. His flag still flies.I

By Kit Bradshaw 
Special to The Jupiter Courier 

In a time when the American flag is flying higher in this country than ever before, the stars and stripes still are ruffling feathers in Jupiter.

Former marine George Andres, sued by his homeowners association in May for flying his flag on a 12-foot flag pole against association by-laws, has countersued the association. He claims it has violated his rights as a homeowner, citing a clause in the very same by-laws that forbids "public embarrassment."

"No illegal, noxious or offensive activity shall be permitted or carried on upon any part of the Subdivision, nor shall anything be permitted or done thereon which is or may become a nuisance or source of embarrassment, discomfort of annoyance to the neighborhood," states the by-laws of the Indian Creek Phase III-2 homeowners association.

And Andres, 61, of 125 Doe Trail, has been joined by 10 of his neighbors in the suit. A hearing on Andres’ case is set for 9 a.m. Tuesday in front of Palm Beach County Circuit Court Judge Peter D. Blanc.

"George and Ann Andres and about 10 other people are suing because the by-laws state that no one can bring embarrassment to the community, and if they do, they can be sued," said Andres’ attorney Barry Silver of Boca Raton. "These people say that by bringing a lawsuit against Mr. and Mrs. Andres, it has caused embarrassment to their community."

Christine Royce, president of the Indian Creek Phase III-2 association, did not return several calls to her home last week. She canceled the association’s regular monthly meeting Tuesday night.

Palm Beach attorney Steven Selz, who represents the Phase III Indian Creek Homeowners Association, said last week that the main issue remains the flag pole.

"Mr and Mrs. Andres have already had two rounds in court and have lost both of them," Selz said. "I would understand and agree that the association can’t prevent them from displaying the American flag, but that’s not the issue. They installed the pole and light on the pole without permission and no one else in the community has a flag pole of this type.

"If the association didn’t enforce the rules, it wouldn’t be fair to everyone else in the community and this is what it is all about fairness to all who bought (in Indian Creek), expecting the rules to be enforced," Selz added.

The association won its original suit against Andres in August, in which it stated he was in violation of association rules that forbid using a flag pole to fly a flag. Only brackets on the outside of houses are permissible.

Andres lost his appeal of that ruling in October and he was ordered by Judge Catherine M. Brunson to pay $20,723.85 in attorney’s fees and $100 a day in fines for each day his flag was flown in violation of her order.

However, since the terrorist attacks in New York City and Washington D.C. on Sept. 11, Andres has continued to fly his flag high on his pole and, he said, no one in his neighborhood has said a word about it.

"I still have my flag flying and it’s going to stay flying," he said.

And Andres said he has Gov. Jeb Bush on his side this time.

In a public statement after the attacks, Bush said: "I have received e-mail from constituents alerting me that they cannot comply with this call to exhibit our patriotism because of restrictions and limits on the public display of the American flag imposed by some homeowners associations or other community agreements. While I firmly support in general the right of communities to set their own policies for those who choose to live in them, I nevertheless believe an exception applies to the flying of our flag. No one should be able to sign away their rights to fly and display Old Glory."

Silver said in light of Gov. Bush’s recent comments, he plans to ask Judge Blanc on Tuesday to throw out the original lawsuit and wave the fees and fines.

"I have correspondence from them, which we will present in court on Tuesday, in which they say that they (the homeowners association) have a problem with his flag pole and his flag. They are going after his right to fly a flag," Silver says. "They want to take his home away and charge him so much money that he would have to become homeless to pay the legal fees."

So far, Andres has not paid the fine or the attorney fees but for the past three weeks, he has been on the steps of the Palm Beach County Courthouse distributing flyers entitled "My Right to Defend the American Flag" about 100 each day, he said.

"As a citizen of this great country, I am here today to demonstrate that I have the right to fly one American flag on my property and I should not have been in court for the past two years fighting for this right," Andres states in the flyer. "It is a disgrace and an injustice to any American."

By Kit Bradshaw
News staff writer 

JUPITER - At a time when it seems the American flag is being flown more than ever, a debate over Old Glory is ruffling some feathers. 

Former Marine George Andres, sued in May by his homeowners association for flying the flag on a 12-foot pole that violates association bylaws has countersued the association. 

His lawsuit states the group violated his rights as a homeowner, citing a clause in the bylaws that forbids "public embarrassment." 

"No illegal, noxious or offensive activity shall be permitted or carried on upon any part of the Subdivision, nor shall anything be permitted or done thereon which is or may become a nuisance or source of embarrassment, discomfort of annoyance to the neighborhood," state bylaws of the Indian Creek Phase III-2 homeowners association. 

Andres, 61, of 125 Doe Trail, has been joined in the lawsuit by 10 of his neighbors. A hearing on Andres’ case is set for 9 a.m. Tuesday before Circuit Court Judge Peter D. Blanc in Palm Beach County. 

"George and Ann Andres and about 10 other people are suing because the bylaws state that no one can bring embarrassment to the community, and if they do, they can be sued," said Andres’ attorney, Barry Silver of Boca Raton. "These people say that by bringing a lawsuit against Mr. and Mrs. Andres, it has caused embarrassment to their community." 

Christine Royce, president of the Indian Creek Phase III-2 association, did not return calls to her home last week. She canceled the association’s regular monthly meeting Tuesday night. 

Palm Beach attorney Steven Selz, who represents the Indian Creek Homeowners Association, said the main issue is the flagpole. 

"I would understand and agree that the association can’t prevent them from displaying the American flag, but that’s not the issue," Selz said. "They installed the pole and light on the pole without permission, and no one else in the community has a flagpole of this type. 

"If the association didn’t enforce the rules, it wouldn’t be fair to everyone else in the community." 

The association won its original lawsuit against Andres in August, in which it stated he was in violation of association rules that forbid using a flagpole to fly a flag. Only brackets on the homes are allowed. 

Andres lost his appeal of that ruling in October, and he was ordered by Judge Catherine M. Brunson to pay $20,723.85 in attorneys’ fees and $100 a day in fines for each day his flag was flown in violation of her order. 

However, since the terrorist attacks in New York and Washington on Sept. 11, Andres has flown his flag - on his pole - and, he said, no one in his neighborhood said a word about it. 

This time, he has Gov. Jeb Bush on his side, Andres said. 

In a public statement after the attacks, Bush said: "I have received e-mail from constituents alerting me that they cannot comply with this call to exhibit our patriotism because of restrictions and limits on the public display of the American flag imposed by some homeowners associations or other community agreements. ... No one should be able to sign away their rights to fly and display Old Glory." 

Silver said in light of Bush’s recent comments, he plans to ask Blanc on Tuesday to throw out the original lawsuit and waive the fees and fines. 

So far, Andres has not paid the fine or the attorneys’ fees. But for the past three weeks, he has been on the steps of the Palm Beach County Courthouse distributing fliers entitled "My Right to Defend the American Flag" - about 100 each day, he said. 

"As a citizen of this great country, I am here today to demonstrate that I have the right to fly one American flag on my property, and I should not have been in court for the past two years fighting for this right," Andres stated in the flier. 

His cause lifted by a tidal wave of patriotism, George Andres' time may have come. 

The Jupiter man and his legal battle to keep a 12-foot flagpole have taken on a new significance as Americans mourn the heavy casualties from Tuesday's terrorist attacks. 

Gov. Jeb Bush is busy drafting legislation. Andres pleaded his case to Chicago talk radio listeners on Monday, his flag fluttering defiantly above his townhouse despite a court order and fines piling up at $100 a day. 

His homeowners association sued Andres last fall, saying he should fly his flag by the rules, from a bracket mounted to the side of his house. A circuit judge and appellate court agreed with the association. 

Some might have written him off as an eccentric ex-Marine before Tuesday. Now he's being hailed as a trailblazer. 

"What can I say? He's ahead of his time," said Andres' lawyer, Barry Silver of Boca Raton. 

"I think it's safe to say that this veteran's problems have been an inspiration to the governor to seek out a clearer law," said Bush spokeswoman Liz Hirst. 

Florida law protects flag flying but leaves some leeway for local restrictions. Bush wants to come up with a more uniform standard that could prevent court fights, a notion he took up before the tragedy, Hirst said. 

Even if Bush gets his flag legislation passed, it could be too late to help Andres. 

The legislature doesn't convene until January. Andres' next court hearing is Sept. 25. 

That's when the homeowners association will ask Palm Beach County Circuit Judge Peter Blanc to dismiss Andres' recent suit accusing it of violating his civil rights. The association may face a tough time in the court of public opinion, but it has a perfect record in the courtroom. 

Circuit Judge Catherine Brunson ordered Andres to take the flag down and fined him after the association filed suit last fall. The 4th District Court of Appeal upheld the decision. The association recently filed a $20,000 lien against Andres' home and is threatening to evict. 

The retired electrician and former volunteer firefighter said he faces fines and legal bills totaling more than $28,000 and has had to borrow against his pension. The association is preparing to ask Brunson to find him in contempt again. 

"They have continually thumbed their nose at the court," said association attorney Steven Selz of Palm Beach. 

Selz said he would welcome a new law but doesn't know whether it would apply to his clients. They don't ban flag flying, just unapproved additions or improvements to homes. 

The tide of public opinion will be hard to fight, Selz acknowledges. 

"If we let them do this, then we have to let everyone do it," Selz said. "What if someone decides they want to put up a giant neon Mexican hat to celebrate their unique heritage?" 

Andres knew about the restrictions when he bought his home, Selz said. 

"A true patriot not only recognizes our freedoms, but also that we are a nation of laws," Selz said. 

"That's a red, white and blue herring," Silver said. "He's standing up for what he believes." 

George Andres, the Jupiter resident who was brought to court by his homeowners association because he uses a banned flagpole, has taken the offensive and counter-sued the association.

The suit, filed in Palm Beach County Circuit Court on July 20, claims the Indian Creek Phase 3-B Homeowners Association violated Andres’ "freedom of speech and other civil rights" covered by the Florida Constitution.

"We tried to tell that to the judge and the judge didn’t want to listen to that before," Andres said Friday.

Circuit Court Judge Catherine Brunson has fined Andres $7,400 $100 a day for each day he used the 12-foot portable flagpole to fly the U.S. flag on his front lawn since her Oct. 27 ruling that he couldn’t do that.

The association maintains Andres didn’t get permission for the flagpole from its Architectural Control Committee.

The association’s president and attorney did not return phone calls on Friday seeking comment on the Andres suit.

On July 20, however, association president Christine Royce said Indian Creek lawns are too small for flagpoles and that if one person is allowed a lawn ornament, all residents would have to be given permission.

"It would be a landscaping nightmare," she said.

She added that Andres may fly his flag at any time, but the association says flags must be flown from brackets attached to the house.

The latest suit was filed by Barry Silver, a Boca Raton attorney and former state representative, in the name of Andres, his wife, Ann, and 15 neighbors.

It states that Andres, 64, a Marine veteran "who risked his life overseas ... and who greatly loves his country ... enjoys flying the United States flag as an expression of his patriotism and his allegiance to what it represents."

The homeowners association, the complaint alleges, "gave no reason or explanation for its alleged refusal to approve the flag and flag pole," saying only that the pole "was not identical to that of his neighbors."

"Such a rigid insistence on conformity is a prominent feature of a totalitarian regime, but is antithetical to the U.S. and Florida Constitution," the suit claims.

The suit further claims the association violated a state law that says homeowners associations "may not preclude the display of one United States flag by property owners."

Also, the suit alleges that Indian Creek residents "are embarrassed by the negative publicity that has been visited upon their community."

The suit seeks a judgment prohibiting the association from interfering with Andres’ flagpole, and voiding all prior judgments against him as well as awarding Andres attorneys fees and other damages.

On July 20, Andres was in court for a hearing on how much he should pay for the association’s attorney’s fees. The association’s attorney, Steve Selz, asked Brunson to award $21,826.35, but an order on that had not yet been entered by the judge as of Friday.

Andres said he will appeal the fine which he called "cruel and unusual punishment." He said he continues to receive donations to pay that fine and other fees, but wouldn’t say how much he has received.

He did say that if he wins the case filed by Silver who, he said, was handling the case without charge he would give the donated money to the American Red Cross, Salvation Army, American Legion and Veterans of Foreign Wars.

And, Andres said, he had his flagpole and flag up Friday, because it was Vietnam Veterans Day. 

[email protected] 

July 29,2001 

By Roger Buckwalter News staff writer 
Jupiter, FL, July 21 - 

For George Andres, patriotism has a high price. 

     The former Marine from Jupiter, who has continued to fly his U.S. flag on a flagpole in violation of a court order, has been fined $7,400. 

     In addition, his homeowners association on Friday asked Palm Beach County Circuit Court Judge Catherine Brunson to slap Andres with $21,826.35 in attorney's fees. Brunson said she would rule on that request next week. 

     "We're going to appeal everything," said Andres, 64. 

     The Indian Creek Phase 3-2 Homeowners' Association took Andres to court in October because, its members contend, he erected the 12-foot portable flagpole at 125 Doe Trail without permission from the organization's Architectural Control Committee. 

     Christine Royce, president of the association, said the association has nothing against the flag, but the covenants and bylaws of the development state that flags can only be flown from brackets attached to the house. 

     Royce said Friday she is researching whether Andres' flagpole and flag could be relocated to the entrance of the development, at Central Boulevard and Indian Creek East. 

     She's also contacted the Town of Jupiter about putting the pole and flag at the Imagination Station Park, across the street from the development. 

     "My flagpole wouldn't be suited for there," Andres said of the idea. "I only have a 12-foot pole." 

     He still contends that state law prohibits the homeowners association from banning him from flying his flag on a flagpole. 

     The flagpole, Royce said, represents a "landscaping nightmare." The lawns in the townhouse community are small, and if one person in the 96-home association puts out a "lawn ornament," then all must be permitted to do so. 

     "We love our country," she said. "There's no reason why he can't fly his flag. He's allowed to fly his flag 24 hours a day, 365 days a year." 

     About 25 Andres supporters, including nine members of the U.S. Military Vets motorcycle club, attended Friday's hearing. The motorcyclists, wearing black and carrying small American flags, greeted Andres with handshakes when he entered the courtroom. 

     Brunson ruled June 27 that Andres would be responsible for attorney's fees in addition to the fine. 

     During the hourlong hearing, attorney Patricia Hartley, who represents 85 condominium and homeowners associations, testified as an expert witness regarding the requested attorneys' fees. 

     Hartley reviewed bills for 127.8 hours of work from Indian Creek attorney Steven Selz, and "the hours expended are valid and reasonable hours," she said. She recommended a total fee of $19,500. 

     In his closing argument, however, Selz told Brunson that his personal costs and witness fees bring the total to $21,826.35. 

     "That's what we're requesting (that) the court award," he said. 

     Andres' attorney, Brook Fisher, said $3,285 of those fees, charged for appellate work on the case, should not be awarded. 

     "The Andreses are considering their legal options," including a rehearing or an appeal, Fisher said. 

     Appeals would be taken to the Fourth District Court of Appeal, he said. 

By Roger Buckwalter 
Staff Writer 
Courtesy The Jupiter Courier

Cheering and waving American flags, about 100 people Friday rallied around the flagpole, so to speak.

The parade and rally at Imagination Station Park in Jupiter also raised about $120 toward fines faced by Jupiter resident George Andres. Andres, 64, has been flying an American flag on a portable 12-foot flagpole in his front yard in violation of a judge’s order to take down the pole.

The pole, the judge said, does indeed violate the covenants of Andres’ Indian Creek homeowner’s association, which says a flag must be flown from brackets mounted on a house, not flown from a pole.

"This little wave that we created will ripple all the way up to the front steps of the White House," said Buzz 103.1 disc jockey Mark Summers, who organized the rally. "We should be here paying tribute and giving thanks to guys like George."

Armed with a new attorney, former Rep. Barry Silver of Boca Raton, Andres will face Palm Beach County Circuit Court judge Catherine Brunson Friday as she determines his fine. On June 27, she said Andres will be fined $100 a day for each day he has flown the flag since she ruled Oct. 27 that he must take down the pole.

The number of days, however, is in dispute and is expected to be decided Friday. So far, Andres, a former marine, said contributions to the cause have totaled more than $900, including Friday’s donations.

Andres, who called the rally in his defense "unbelievable," will be accompanied in court by former state Rep. Barry Silver of Boca Raton.

Silver, who attended the rally, acknowledged that Andres is violating Brunson’s court order when he uses the flagpole, but he questioned whether that order is valid or is in violation of a state law saying the flag can be flown.

"It appears that the order is violating Florida law and the First Amendment to the Constitution," Silver said.

Silver said Andres has "shown a lot of courage" by continuing to fly the flag on special occasions despite the judge’s ruling.

To the cheering crowd, Silver said: "Indian Creek is going to be up the creek if they do not realize where they’ve gone wrong."

Andres called for the federal government to pass a law giving people the right to fly their flags, anytime, anyplace.

He also said he is looking forward to his court hearing.

"It should be fun. I’ve heard a lot of people are going to come to the courthouse," he said.

Last weekend, about 100 war veterans on motorcycles visited Andres to show their support and the group promised to attend the court hearing Friday.

Those who attended Friday’s march, along Indian Creek East and Bent Arrow Drive to Andres’ home at 125 Doe Trail, recited the Pledge of Allegiance. Brian Brightbill of Jupiter said "he’d got every right in the world" to use the pole.

And from Peggy Verhoeven of Tequesta: "As long as the flag is raised properly, there should be no judge in the land and no association in the land that says you can’t." 

By Roger Buckwalter 
staff writer 
Courtesy The Jupiter Courier

JUPITER - Cheering and waving American flags, about 100 people rallied ’round the flagpole Friday. 

A parade and rally at Imagination Station Park in Jupiter also raised about $120 toward fines faced by Jupiter resident George Andres. Andres, 64, has been flying an American flag on a portable 12-foot flagpole in his front yard in violation of a judge’s order to take down the pole. 

The pole, the judge said, violates the covenants of Andres’ Indian Creek homeowners’ association, which says flags must be flown from a bracket mounted on the house, not from a pole. 

"This little wave that we created will ripple all the way up to the front steps of the White House," said WPBZ disc jockey Mark Summers, who organized the rally. "We should be here paying tribute and giving thanks to guys like George." 

With a new attorney, Rep. Barry Silver of Boca Raton, Andres will face Palm Beach County Circuit Court Judge Catherine Brunson as she determines his fine. On June 27, she said Andres will be fined $100 a day for each day he has flown the flag since she ruled Oct. 27 that the pole must come down. 

The number of days, however, is in dispute and is expected to be decided Friday. So far, contributions to the cause have totaled more than $900, said Andres, a former marine. 

Silver, who attended the rally, acknowledged that Andres is violating Brunson’s court order when he uses the flagpole, but he questioned whether the order violates a state law saying the flag can be flown. 

"It appears that the order is violating Florida law and the First Amendment to the Constitution," Silver said. 

Silver said Andres has "shown a lot of courage" by continuing to fly the flag on special occasions, despite the judge’s ruling. 

To the cheering crowd, Silver said: "Indian Creek is going to be up the creek if they do not realize where they’ve gone wrong." 

Andres called on the federal government to pass a law giving people the right to fly their flags any time, any place. 

He also said he is looking forward to his court hearing. 

"It should be fun. I’ve heard a lot of people are going to come to the courthouse," he said. 

Last weekend, about 100 war veterans on motorcycles visited Andres to show their support, and the group promised to attend the court hearing Friday. 

Those who attended Friday’s march, along Indian Creek East and Bent Arrow Drive, to Andres’ home at 125 Doe Trail, recited the Pledge of Allegiance. 

"As long as the flag is raised properly, there should be no judge in the land and no association in the land that says you can’t," said Peggy Verhoeven of Tequesta. 

       My Maryland grandfather first taught me the flag was our most precious symbol when I was a small child, just orphaned in 1935.   The pole he installed to fly his flag stood  on the front five acres of his Burtonsville farm, chosen with care from his own wooded forest, for it's excessive height and nonbonding strength.
        Most flag poles are very small in circumference but our family flag pole was larger than the Edison Electric Poles, which also came from our "pole yard."
         The object of this towering pole situated at the foot of the hill, facing the Beltway- was flying the flag so high it could be seen waving it's red, white and blue face by every farm in the local area and any car approaching east or west.
          Raising the flag was a religious ceremony to my grandfather and Uncle Bill, who revered it so highly, watching it rise to the top of it's lofty perch in grave silence with great pride, was more sacred than any prayer the minister offered at our Methodist church.
           Perhaps that's why I celebrated my three score ten birthday with a trip to Mike's Sebring, FL tattoo parlor and offered my right ankle to him to tattoo a heart shaped, red, white and blue flag numbered "1776" over the top.
            Mike was not a stranger to me. When he arrived in Sebring from Fort Lauderdale with his life savings to open a sanitary, licensed tattoo shop he made it clear no drugs or alcohol would be tolerated. I respected his rules and admired his artistic skills and ambition to protect customers from the danger of unlicensed artists who did not use sanitary needles.
            Some local residents pressured the city business office to withdraw the license granted after Mike spent his savings on signs and equipment to open up.
             I was engaged in writing a weekly column, "In Your Corner" for the New York TImes owner, News Sun, and the location in Andy Chapman's Center Street, turn of the century hotel was on my beat.
          "If they close me down now I am dead in the water, "
Mike lamented, sadly."
                They, turned out to be a dress shop under lease in the same building afraid a tattoo shop would bring bad elements to the neighborhood to reduce their sales.
                 Residents do so little research in the real world few new Sheriff Shepherd met a mysterious death by unknown law enforcement hands earlier- and many of his deputies accepted bribes to cover gambling or rum running.
                I also knew some Avon Park deputies, traded their protect and preserve oath for the profits of smuggled drugs to inmates concealed in rolls of toilet paper...complaining "police pay is too poor to live on, " as if that justifies law enforcement breaking laws civilians are arrested for.
               As one interested in oriental art, I found Mike's shop quite interesting with his hand painted oriental silk pictures displayed in a spotless studio.
              When I bravely raised my right foot to his tattoo stool he took one anxious look at "Grandma Willow, " as I am known, before he said a bit anxiously, "If this hurts let me know and I'll break so you can rest."
              Mike didn't know I already survived being run over by a truck, blood poison from a nail, a pitch fork going through my knee cap, a bite from a brown poison spider.  LIfe attacks I take in stride as part of my mission to be a catalyst for weaker citizens.
              Tattoo needles produce a slight sting...far less painful than the stitches I sewn in my face when a bread truck ran over me, by a doctor in the emergency room in Wilmington, Delaware who made no effort to numb my pain or promise to stop; or the doctor in California who tore half my face apart for a skin cancer so small you couldn't see the blister he said was life threatening.
                 I always suspected his butcher job on my face was a guarantee of being hired for plastic surgery to patch up what he messed up later...? A guarantee I avoided through a miracle healing with castor oil?
                My heart shaped flag is dedicated to my guardian angels, Benjamin Franklin, Thomas Jefferson ,Robert Morris who saved the revolution for George Washington and was betrayed by give nothing citizens to hide their guilt.
               No one can take my flag.  It won't wash off and I don't need any pole,  just my good right leg to fly it.
              I am proud to be a World War Two Military widow, mother of two Vietnam Veterans, sister of three military brothers, four military brother-in-laws who left my sisters widows and niece of two uncles and two cousins buried in Arlington Cemetery.
             The only bitter tears I ever shed over the American flag were those I wept when Polish-Americam War Bride, Vera Armstrong Cherry was wrongfully imprisoned in a CAlifornia State Mental Hospital for flying the POW/MIA flag in her homeowner association by her own directors.
            America the beautiful became America the ugly and human rights violator generations of my family fought to protect in front of my own eyes.
           I flew to DC with this terrified victim, mother of two young sons to appear at the POW/MIA reunion held by Ross Perot and Congressman Smith at the National Press Club before Perot bowed out of his third party race.
            CNN filmed my spontaneous outburst to Perot, " I commend your search for missing POW. MIAS in Vietnam, but how can you protect a POW/MIA widow taken prisoner by her own homeowner association, confined in a CA Mental Hospice for flying that flag you honor and displaying your poster, "Not for sale at any price."   Perot turned white as a bed sheet, his arm shot straight towards me like an arrow as he screamed to his assistant, "Get that woman's name and address, my organization, "United, We Stand, " will never allow an event like that, we'll have our law firm check that out tomorrow morning."
             Back in California, I received a phone call from Perot Headquarters, two days later. "Sorry, we can't help this widow but our nonprofit 501-C Status will not allow us to handle any political issue...."
            Perot the flag waver who boasted about his world tour to find missing American Prisoners without fear on national television, could not live up to his pledge because he was for sale at the right price.
            I am glad my grandfather, Franklin P. Wootten, was not there to witness our  America the beautiful disgrace our flag used to stand for.
           Liberty and freedom are more than words. The real flag issue is the universal lack of courage to defend our colors and the flag flying rights of every citizen under freedom of expression and property rights.  Flying the flag is not the main issue, on a pole or burned on your body, honoring what it stands for, anytime, anywhere, without restrictions is the issue.
              Let is not forget our founding fathers realized a man who owned property was a better asset to his community when they wrote property rights in the constitution to guarantee every man's home would be his castle.
             Today,  many, restless,  pained spirits of our founding fathers tell me they cannot rest as profit making pirates in Urban Land Institute hide inside land stealing corporations to turn homes into prisons of profit from fines, liens and foreclosures.
           Apathy is the greatest enemy the flag ever had and thanks to apathy, we not only face fines for flying our own flag; thousands of Americans no longer have a home to fly it from. GOD forgive us all this great betrayal of liberty and grant we find the courage to take back the freedom won though so much bloodshed before the greed and power robbers open the gates to more bloodshed. 

Jupiter, FL, July 11 - With a roar that could be heard for blocks away, more than 100 war veterans on motorcyles came thundering down Doe Trail in Jupiter last weekend to support a fellow veteran and his right to fly his American flag on a flagpole. 

     And Friday, some 500 patriotic souls are expected to converge once again on the lawn of George Andres’ Indian Creek townhouse in support of his stand against a court order demanding he take down the 12-foot portable pole. 

     The bikers were part of a group called U.S. Military Vets, with members from Fort Pierce to West Palm Beach. 

     "This is a slap in the face of every person who died for that flag," said biker Robert Woschnik. 

     Added biker Jeff Foss: "What they’re doing to this patriotic American citizen is an outrage." 

     The homeowners association took Andres to court because, according to the association’s Architectural Control Committee, flags only can be hung from brackets attached to the house, not flown from poles. 

     On June 27, Palm Beach County Circuit Court Judge Catherine Brunson fined Andres $100 a day for each day he used the flagpole after her Oct. 27 order to stop erecting it. 

     A court hearing to determine the amount of the fines is scheduled for 11:30 a.m. July 20. The fines could amount to as much as $7,300. 

     "D.J.,’ who identified himself Sunday as the bikers’ leader, told Andres his group would be at the courthouse for support. 

     D.J. presented Andres, 64, with more than $100 toward his impending fine. 

     At 7:30 a.m. Friday, West Palm Beach radio station FM 103.1, the Buzz, will sponsor a rally for Andres at the Imagination Station playground at Central Boulevard and Indian Creek East, followed by a parade to Andres’ home, said "Dahmer," producer and co-host of The Morning Buzz program. 

     "Lots of people are calling in," he said Tuesday. "That’s all we’ve been talking about the last two days (on his show)." 

     Dahmer said he has invited U.S. Rep. Mark Foley to attend the rally, but as of Tuesday, he said he had not heard from the congressman. 

     And Sunday, the motorcycle club, which recited the Pledge of Allegiance and sang the National Anthem, also was joined by three people from the Stuart-Port St. Lucie area in a car bedecked with four flags. 

     Said Joe Bruce of Port St. Lucie: "I believe that people should have the right to fly the American flag in their front yard in any way they see fit." 

     "I believe that’s the proper way that flag should be flown (on a pole)," said Brian Sample of Stuart. "I’m proud of George for standing up for it." 

     Even some of Andres neighbors jumped on the bandwagon.

     "I love that flag," said neighbor Barbara Papakalodoukas. She recalled that her late husband’s proudest day was when he became a naturalized U.S. citizen. "We all take these things for granted," she said. 

     Andres, who served in the marines from 1955 until 1961, said he’s willing to go to jail for the right to use his flagpole. 

     "After all these years, it might be a rest," he said. 

     [email protected] 

   Judge: Jupiter veteran must pay $7,300 for flag pole violation

WEST PALM BEACH, Fla. -- (AP) -- A patriotic Jupiter resident said he was willing to go to jail for flying an American flag from a 12-foot pole in his front yard, a violation of his homeowners association and a court order. 

But instead of jail time, a judge Wednesday ordered George Andres, a Korean War veteran, to pay $100 for each day the pole was planted outside his town house since she ordered him to take it down last October. 

Andres could have faced up to 90 days in jail for contempt of court, according to his attorney, Brook Fisher. 

The Indian Creek Phase 3B Homeowners Association permits flags flown only from wall brackets attached to the homes. It says 17 homeowners have chosen to raise American flags that way. 

But Andres, a former Marine and retired electrician, says he has a constitutional right to fly the flag from the pole. 

``If you can burn a flag, you have no problem,'' he said. ``So, if you can burn a flag, why can't you fly the flag?''

He also contends he would be desecrating the flag by flying it from the brackets because it would touch the bushes in his yard. 

The association sued Andres over the flagpole, and a state court agreed with it last October. 

Circuit Judge Catherine Brunson ruled that the association's restriction didn't infringe on Andres' rights. An appeals court earlier this month upheld Brunson's ruling. 

But the two sides were back in Brunson's West Palm Beach courtroom this week, after the association said it had photos and a calendar to show that Andres had flown the flag 73 days since the Oct. 27 ruling, which would cost him $7,300. 

Andres argued that he flew the flag only on federal holidays. 

The association's attorney, Steven Selz, said the issue isn't about the flag, but the pole, which hurts the neighborhood's appearance. 

``I know he's a patriotic guy,'' Selz said. ``But he has to follow the rules like everybody else.''

   Man Fights Neighborhood For Flag Display
A Jupiter man, who fought for American's freedom, could lose his freedom over his respect for the flag. 

The flap is not over the fact that the flag is flying, but over where it is flying. 

This week a judge ruled that George Andres owes more than $7,000in fines because of his flag and now other veterans are jumping in to keep it flying. 

Andres' neighborhood homeowners association levied the fine a year and a half ago because their bylaws state that flags may only be flown from brackets attached to homes, not to poles. 

"The federal flag code tells you the flag shouldn't touch anything, it should be free flowing. (If) you put a flag here, it hits the bushes cause you can't get it high enough," Andres explained about his display of the flag. 

This week, for the second time, a judge ruled that Andres had to pay or face jail time. 

"You can burn an American flag and you're telling me I can't fly it, I mean that's ridiculous," Andres said. "Okay, come and arrest me, I think the flag is more important than the judge's orders." 

Andres, a Korean War veteran said that his is ready to fight for Old Glory again. He said that he believes federal laws regarding the flag supercede any neighborhood rules and this is an extreme case of a homeowners association going too far. 

"Many people in this world have died for this flag, veterans, my fellow marines died for it -- I feel the way I feel -- It should be there," Andres said. 

As word of this soldiers fight has spread, he has been inundated with calls from people pledging help. 

"I just got a call from a veteran, he's got two purple hearts and a silver star and he said he would come here and camp out in my lawn to keep that flag up," Andres said. "Last night a woman called me. Her husband died in Vietnam. She said 'Where do I send the check? I want you to keep that flag flying.' " 

The homeowners association did not return Eyewitness News 25's phone calls. Andres has temporarily taken his flag down but will put it up on the Fourth of July. A week later a local radio station is planning a rally in the neighborhood to help his fight.