A retired U.S. Army chaplain is prepared to go to court to fight to fly the American flag on a flagpole on his front lawn. 

Fred Quigley, 77, of Macedonia, Ohio, a minister who served active duty during the Vietnam War, has been told by the homeowners’ association that his flagpole violates the property rules.

The HOA rules state that a flag can only be displayed if affixed to the home, but that would mean Quigley would have to remove the flagpole and put up a smaller flag. 

"They said that I would have to downsize," Quigley told Fox News in an interview, and downsize he did. He now has a 14-foot flagpole flying a 3 foot by 5 foot flag on his front lawn, that he says "fits with the decor." His previous flagpole was 20 feet high. 

The association has offered to fly the flag at the entrance of the building development, but Quigley refused the offer.

“If they can dictate to me that I cannot fly an American flag in America, then, to me, the country is lost,” Mr. Quigley told the Daily Mail.

Quigley's lawyer Gerald Patronite said the association has no right to stop his client.

According to the Mail, Joseph Migliorini, the representative for the homeowners’ association and former mayor of Macedonia, which is between Cleveland and Akron, said he plans to take Quigley to court if the flagpole is not removed.

Migliorini said: “We just want the rules and regulations followed." Quigley said, "he is inconsistent in doing that." 

Ohio Stature 5301.072 (A) states: No covenant, condition, or restriction set forth in a deed, and no rule, regulation, bylaw, or other governing document or agreement of a homeowners, neighborhood, civic, or other association, shall prohibit the display on any property of, the flag of the United States if the flag is displayed in accordance with any of the following..."

"I'm waiting for the shoe to drop," said Quigley, and if the judge rules in favor of the opposition, "I will appeal," he said. 

Members of the local American Legion post joined Quigley last week in a flag-raising ceremony in protest at the association's policy.

Quigley said that he's been given until Monday to remove the flag, or legal action will be taken by the association.

"As a minister and a chaplain, I have fought for people," Quigley said. "Now I fight for myself."


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