Jupiter man given OK to fly flag
Article Courtesy of The Palm Beach Post
By Kathryn Quigley, Palm Beach Post Staff Writer
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.

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