News-Info-Alerts

Re: Flag Fliers Find Supporters

From: POW-MIA InterNetwork

Date: July 25, 2003

"Condo POW flag couple finds supporters

JEAN LEVINE , Staff Writer

Dori and Ralph McIlvaine are getting support to help pay fees and penalties for flying their POW/MIA flag in defiance of condominium association rules.

Jack and Sandy Battagliawho, like the McIlvaines, flew an unauthorized "Support Our Troops" flag but who decided to take it down, were not fined.

But the McIlvaines, who refused to take their flag down, were fined $50 and will have to pay over $1,000 in legal fees as part of an agreement reached with the association Wednesday.

The agreement allows them to continue flying their flag until a meeting of the association’s board of directors on Aug. 4. when a final decision will be rendered.

"The Battaglias are going to fly a POW/MIA flag like the McIlvaines and have agreed to help them with the fine and legal fees," Fran McGovern, attorney for Evergreen adult community homeowners association, said yesterday.

Mayor Glen Gilmore -- who Wednesday announced he would propose an ordinance prohibiting homeowners associations from denying their residents the right to fly the POW/MIA flag --yesterday said he will take up a collection to pay for the McIlvaines’ fees and penalties.

The decision to let the McIlvaines fly their flag provided they pay fines and fees, was reached during a special meeting of the Evergreen Association’s Alternative Dispute Resolution Committee Wednesday.

Since May, the couple has been flying the flag without the housing development’s approval.

Until now, only American and state flags were allowed in the age-restricted community off White Horse-Hamilton Square Road.

Asked how he felt about having to shell out the money, Ralph McIlvaine said he had no choice but to pay if he intends to continue flying the black flag with white lettering.

"Do I think I want to pay it? Of course not," said McIlvaine. "But I must if I want to fly the flag."

McGovern said the final legal fees totaled $1,800.

"We had to look at a number of issues, such as pending legislation in New Jersey on flags and cases in other states involving flags," he said. "It took at least five hours for everything related to Wednesday’s meeting, including attending it."

Once the McIlvaines pay their share of the legal bills, the remaining $800 will be absorbed by the homeowners’ association, McGovern said.

To the 59-year-old Ralph McIlvaine, the flag is still worth every bit of the struggle he and his wife haveendured to keep it aloft.

"The POW/MIA flag has a lot of meaning to me and what it stands for," he said. "I served in the army during the Vietnam War. Although I’m not a veteran of that war, two of my school friends served there. They were listed as missing in action andnever returned."

The flag also represents the McIlvaines’ concern for those who have lost their lives "defending the freedom we enjoy in everyday society," he added.

He said the POW/MIA flag is his way of honoring their memory.

McIlvaine said he hopes everyone in the Evergreen community will turn out for the Aug. 4 meeting.

He called Mayor Glen Gilmore "courageous" for proposing a flag protection ordinance prohibiting a homeowners’ association from denying its residents the right to display the POW/MIA flag.

"It’s great what Mayor Gilmore did by stepping up to the plate," said McIlvaine. "What he did took a lot of guts. Absolutely."

"This really has been a black eye for our community,’’ Gilmore said. "It seems we have a homeowners association that has gotten a little carried away and the McIlvaines are the victims of that.’’

The mayor said he intends to go ahead with his proposed ordinance.

"I don’t want to have someone go through this again,’’ Gilmore said.

©The Trentonian 2003
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