[EmailPoster]

complaint about a crocheted American Flag...

Originally Posted by Greendolphin1

An owner in our complex has submitted a complaint about a crocheted American
flag with 16 stars and 5 red/4 white stripes. The civil code 1353.5 states
"display of the flag of the United States" means a flag of the United States
made of fabric, cloth, or paper displayed from a staff or pole or in a
window, and does not mean a depiction or emblem of the flag of the United States
made of lights, paint, roofing, siding, paving materials, flora, or balloons,
or any other similar building, landscaping, or decorative component.

Would you consider the crocheted flag to be a depiction and made of a
decorative component or do you feel even though it has only 16 stars and 11 stripes
that it can be considered a "flag of the United States" made of cloth
(cotton yarn)?.

[ungraspable]

Greendolphin1:

This is a great question. If your neighbor has this flag on display publicly, then yes, it is in violation of the code. The flag should have thirteen horizontal stripes, which alternate between red and white, and should have fifty stars. Displaying an American flag look alike that is not correct to code, shows disrespect and even possibly mutilation of the flag. Being crafty myself, I understand that your neighbor most likely had no intent to dishonor the flag. The best thing to do is to fly or display a proper flag so as to not rile up anymore unnecessary attention from the government, offended people passing by and of course the complex owner.
Have a great day!
Ashley

[Corrine]

Is the owner complaining because the flag is crochet or that because it is you are desecrating the American Flag. It is a depiction of the American Flag, and not even an accurate depiction. (So, you yourself have said) I am sure it is a lovely creation, my mother crochets, but maybe it would be better displayed within your home rather than outside of it. To display it outside like an actual American Flag seems to be a problem for the owner of your building beside the civil code is on his/her side. I mean if you were to crochet the Mona Lisa, you would not expect it to be hung up in the Louvre in Paris. Or is that a bad analogy?

[Peter Ansoff]

"If your neighbor has this flag on display publicly, then yes, it is in violation of the code."

This statement is not correct.

The "civil code 1353.5" cited in the original post is part of the California civil code that deals with homeowners' association covenants and similar documents. This section says that a homeowners' association cannot *forbid* a member from displaying a US flag, "except as required for the protection of public health or safety." If the crocheted piece is considered to be a US flag, then the owner *is* allowed to display it, unless doing so would cause a safety hazard of some kind. If it's not considered to be a US flag, then this portion of the code has nothing to say about it. (It might be covered by other portions of the code, but that's another story.)

So -- is it a US flag? I'd say that the "duck test" applies. If a reasonable person would recognize it as a US flag, then it is.

"The flag should have thirteen horizontal stripes, which alternate between red and white, and should have fifty stars. Displaying an American flag look alike that is not correct to code, shows disrespect and even possibly mutilation of the flag."

Nonsense. Folk-art depictions of the US flag, with varied proportions and numbers of stars and stripes, are very common in paintings, embroidery, etc., etc., etc. They are neither illegal nor disrespectful. Also, it is quite common to fly historical versions of the flag that have fewer stars (and, sometimes, more stripes). This is certainly not disrespectful -- most people consider it to be patriotic.

Peter Ansoff