Re: Flying the Flag Without Fear

Date: January 09, 2004

"With new law, flags fly without fear

By ANDREW KITCHENMAN Staff Writer

HAMILTON - Six months ago, Dori McIlvaine began keeping a scrapbook of the letters sent to her and her husband, Ralph, backing their decision to defy the local homeowners association order not to fly a POW-MIA flag.

Now, with a picture of Gov. James E. McGreevey signing a bill into law yesterday that will limit restrictions on flags and other patriotic displays in New Jersey, McIlvaine said her book is complete.

In the future, American flags and other patriotic displays will be safe from the whims of local ordinances and homeowners association rules. Officials will only be able to restrict displays like the American flag and yellow ribbons if they pose a threat to public safety, interfere with maintenance or infringe on another's property rights.
From Our Advertiser

The law also bars regulations that would require people to post a bond or other payment before being allowed to fly an American flag.

A bill banning restrictions on the American flag was introduced last February and then amended in May to add protections for other patriotic displays after Edward "Buddy" Tyler, mayor of the tiny town of Fieldsboro in Burlington County, banned yellow ribbons on municipal property.

The controversy drew national attention to the borough, which later reversed itself and allowed the displays.

In Hamilton, the McIlvaines were told in July by the Evergreen development's board that they had to take down the black-and-white flag because it violated homeowners association rules, which allowed only the stars and stripes and New Jersey state flag to be flown.

Ralph McIlvaine said they chose to fly the flag during the war in Iraq after Pfc. Jessica Lynch was captured.

After several weeks of wrangling, the board decided the flag would be allowed. The McIlvaines agreed to pay $1,000 in legal fees and a $50 fine, but they received more than enough in donations to pay the costs.

Ralph McIlvaine said yesterday the bill signed by McGreevey is "outstanding."

After becoming aware of the bill, the McIlvaines stayed in contact with bill sponsor Sen. Peter Inverso, R-Hamilton, and co-sponsors Assemblywoman Linda Greenstein, D-Plainsboro, and former Assemblyman Gary Guear, D-Hamilton.

"It was worth all the effort we put into it," said Ralph McIlvaine.

After the fight over the flag, the McIlvaines joined the southern New Jersey chapter of Rolling Thunder, a group of motorcyclists who try to raise awareness of prisoners of war and soldiers missing in action. The group rallied to support the couple during the summer.

"We made excellent friends out of it," said Ralph McIlvaine.

Dori McIlvaine said she was concerned the law wasn't more specific in describing what displays it protects, but she was told the general language will protect a wider range of patriotic flags and displays.

Hamilton Mayor Glen Gilmore said the law signed yesterday makes the township's flag protection ordinance the standard for the state.

"No longer will patriotic citizens have to fear retribution for displaying the POW-MIA flag or other patriotic banners," said Gilmore, who looked on at the law-signing ceremony.

The Associated Press contributed to this report.

©The Star-Ledger"