Keep your government hands in our business

[kinvore.livejournal.com]

This weekend is Memorial Day weekend in the States, where we honor the men and women who died in military service. You'll see all kinds of patriotic fervor during this time, hell even PBS gets involved, but I'm not by any means complaining. Then we get stuff like this:

A property management company is under hot water for telling a tenant that after Memorial Day he has to take down an American Flag that he has on display in his window.

Here's what gets me:

Dawn Price said she now works to amend the federal Freedom to Display the American Flag Act of 2005, which states no "condominium association, cooperative association, or residential real estate management association" may stop someone from flying the American flag. The law, however, does not apply to renters.

First I'm amazed we even have such a law to begin with, and I'm even more amazed that they want it even more intrusive. I thought conservatives didn't want government telling business what to do? Did these tenants not read their contract before signing it? Shouldn't we let the market decide if this is a good business practice?

It just seems like an example of glaring hypocrisy. Freedom is a double-edged sword, and sometimes it means having to tolerate things you don't agree with.

Comments

[rasilio.livejournal.com]

The government should pass no such law and especially not the Federal Government.

Absolutely this should be a market solution and frankly it would be far more powerful if public demand caused the apartment complex to change their policy than a special interest group convincing a senator to get this bill tacked on to some otherwise irrelevant legislation so he can claim what a patriot he is during his next election.

[meus-ovatio.livejournal.com]

Why should the market regulate it?

[tridus.livejournal.com]

The "market" doesn't exist in this area. Shelter isn't a luxury, it's a basic requirement for survival. Renters are by and large poorer then home owners and not in much of a position to make market demands or anything. You tolerate what the landlords tell you, or you go sleep under a bridge.

There are any number of areas where market solutions are abject failures.

[rasilio.livejournal.com]

Oh as far as conservatives go, no they do not want government to stop interfering in the market, they as a general rule have no greater love for the Free Market than progressives do, they merely seek to regulate and control it in different ways

[mrbogey.livejournal.com]

'Freedom is a double-edged sword, and sometimes it means having to tolerate things you don't agree with.'

Tolerance is passe. Acceptance or else.

[kinvore.livejournal.com]

I guess that depends on your definition of "acceptance". I will tolerate the KKK as long as they don't break the law but I'll never accept them.

[tridus.livejournal.com]

"Freedom is a double-edged sword, and sometimes it means having to tolerate things you don't agree with."

Right, like tolerating that someone renting an apartment might want to have a flag. Why should the landlord have any right to influence if I do or don't put a flag up in a property I'm paying to use?

[the-rukh.livejournal.com]

Well, they get to control what they're selling you, in this case the use of space. Sort of like they can control whether you can have pets and such and such. To a certain extent, the market does dictate the extent of control, because for instance, if they insisted you may only rent their space if you bolted all your furniture to the ceiling, people would probably go elsewhere instead. Why a landlord would insist no American flags, I have no idea, but I don't think that the government needs to get involved in correcting them.

[a-new-machine.livejournal.com]

*shrug* My landlord has veto power over how I paint the apartment. Is the difference just that it can be taken down easily? Because if that's the point, then I can paint an easily-covered green strip around my apartment, so long as it's easy to cover over.

[debergerac.livejournal.com]

freedom to fly a flag is intrusive?

[meus-ovatio.livejournal.com]

One man's permission is another man's restriction! Freedom is zero-sum.

[kinvore.livejournal.com]

Where in the constitution are we guaranteed the right to fly a flag?

[dwer.livejournal.com]

this is a clear example of political speech, protected by the First Amendment to the Constitution, and therefore, wholly within the control of the Federal government.

Conservatives are perfectly happy with having the federal government telling businesses and people what to do, just as long as they agree with it.

And yes, I know you know that... :D

[rasilio.livejournal.com]

Actually as a matter of speech Congress is specifically excluded from ruling on this issue because claiming that flying a flag is a form of political speech is to also claim that denying the use of your property for such purposes is also a form of political speech and any law Congress passed would violate the speech of one faction or the other.

[a-new-machine.livejournal.com]

Congress has no power to enforce the First Amendment on private citizens. Even 42 USC 1983, the provision giving civil damages against private citizens, require that they were acting under color of law or authority to get you your damages. Your understanding of 1st Amendment law is flawed. Whether you think that *should* be the case or not is another thing. Likely this is ruled under the Commerce Clause, in Congress's power to regulate things having to do with interstate commerce, which home ownership and condo ownership likely fall under per the Wickard test.

[fizzyland.livejournal.com]

Clearly you are also unfamiliar with the quasi-fascist institutions called HOA's in America.

[kinvore.livejournal.com]

Because I didn't mention them means I'm not familiar with them?

[policraticus.livejournal.com]

Freedom is a double-edged sword, and sometimes it means having to tolerate things you don't agree with.

Like Jim Crow, for example.

[kinvore.livejournal.com]

Jim Crow laws were about freedom?

[rev-proffessor.livejournal.com]

I suggest protesting the restrictions on flag flying by lighting said flag on fire.

[fizzyland.livejournal.com]

This reminds me of Get Your War On: New World Order.

There are gonna be some changes now that Obama won. "America's new flag is just a white flag, but there's a picture of a burning American flag on it."

[kinvore.livejournal.com]

Haha that's one of my favorite episodes. Did they stop? Haven't seen them in a while.

[readherring.livejournal.com]

When I lived in Irvine, CA, the township dictated what color drapes you could hang in your window, (provided they could be seen from outside) what kind of flowers you could grow, and how long you could leave your garage door open.

As dumb as that all was, they had property rights for that area that every house owner bought into. So long as those rules didn't cause any detriment to anyone, I see absolutely no reason why the government should even think of sticking their nose into this.

[fizzyland.livejournal.com]

My problem with those is there are no options - you want to live there, you agree to conform with a subset of rights. We're so removed from any concept of sovereignty that people just roll over to whatever conformist damn rules are being presented. As if some individuality or expression in the houses we own is an affront to society.

[readherring.livejournal.com]

This.

[dreadfulpenny81.livejournal.com]

If the rules say they can't display flags, banners, political or religious materials outside ONLY, I would have no problem abiding by that. If this was part of their lease, then they need to abide by it. We pay our rent to a realty management service, and luckily they're pretty lax on what we can and can't do. However, if they're trying to tell them they can't have anything hanging up within their residence, that's B.S. and I'd consult a lawyer. If she's trying to amend a law that's already on the books, I see nothing wrong with that, either.

[kinvore.livejournal.com]

Like I said I just find it inconsistent with those who claim they don't want government to interfere with business. Seems like it's suddenly okay for government to do so as long as it's to enforce something conservatives support.