Thursday, September 19, 2019

We typically do not respond to media articles about Westbrook Village Association. The business of the Association takes place in our open Board and Committee meetings where all homeowners can attend, observe and provide input as appropriate. Unfortunately, a situation has arisen where a homeowner appears to have engineered a media campaign against the Association regarding painting the United States Flag on curbs.


There are two primary factors here.


First, our Standard for reflective house numbers on curbs clearly states that no decorative additions are allowed.  A homeowner who is not in compliance will receive a letter asking them to remove the decoration, regardless of what it is.  In the case taken to the media, the decoration painted on the curb was the U.S. Flag. 


Second, we should consider whether it is appropriate to paint the U.S. Flag on the ground where it can -and will - be driven over, and is most likely not lit at night. Suggestions that the Standard be changed to allow the U.S. Flag to be painted on the curb have been made in the past, but the Association’s Board has concluded that this would not be in compliance with the U.S. Flag Code.


The U.S. Flag Code includes, amongst other statements:


“The Flag should never touch anything beneath it, such as the ground...”

“The Flag should never be fastened, such a manner as to permit it to be easily torn, soiled or damaged in any way”.


Some have argued that a painting of the U.S. Flag adorning a street curb is not subject to the U.S. Flag Code in the same manner as a physical flag flown on a flagpole.  However, the Congressional Research Office has addressed the applicability of the U.S. Flag Code to the use of flags as an adornment, stating: “The evident purpose of these suggested restraints is to limit the commercial or common usage of the flag and, thus, maintain its dignity.”


Preserving the dignity of the U.S. Flag has long been the basis for not making an exception to allow this particular form of “decoration” on the curb.  This was explained at the Board meeting where the compliance appeal was raised.


The media has labeled the Association as “unpatriotic” for not allowing the U.S. Flag to be painted on curbs, rather than considering whether such painting on a street curb would be consistent with the U.S. Flag Code.  The Association has Standards for the proper display of the Flag, which encourage Westbrook Village residents to fly the Flag on their property in a manner consistent with the Code.  


WVA Board President, Peter Atkins 





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Westbrook Village Association Office Hours
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19281 N. Westbrook Parkway, Peoria, Arizona 85382
Phone: 623-561-0099

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