What if You Lost Everything in a House Fire?

Y'all remember Jodi Burr?  The lady who ignited a nationwide movement of support for her Marine son when she put up a banner in his honor?

Her 23 year old nephew lost everything this week in a house fire.

This blog is raising money to help this young lad so everything you put in the tip jar through the end of November will go straight to him so he can rebuild his life.  It's the holiday season, you know, and it's the time for giving.

Hit the tip jar.

Here's Your Sign!

The Burrs get to keep their sign!  Yahoo!!!!!!

The lawsuit against a Bossier City family over a sign supporting their son serving in Afghanistan has been settled.

Corey Burr deployed to Afghanistan in January.  The Burr family put a sign in their yard with his picture and the words "Our son defends our freedom."

Their story drew national attention in July, after the Gardens of Southgate subdivision's Homeowner's Association filed suit against the Burrs, demanding they remove the sign.  The Burrs refused.

As part of the settlement reached with the homeowners' association, the Burrs will be allowed to keep their sign up until their son returns home.  He is due back in March of 2012.  The family says the agreement also allows for a mail-in vote to be held to decide whether to allow military signs throughout the neighborhood.   The HoA's by-laws require 90% approval for changing any by-laws. 

Read the rest.

It's a win!

Jodi Burr Speaks to Fox News

In case you missed it:

 

Previously:

Homeowner's Association Demands Removal of Sign of Support for Marine
Attorney for HOA Responds in Banner Dispute
The Burr Banner Gets National Headlines (Updated)

The Burr Banner Gets National Headlines (UPDATED)

Scroll for updates.

Last spring I reported on the dispute between the Homeowner's Association at The Gardens of Southgate and marine parents Tim and Jodi Burr.

You'll recall that the Burrs have  a sign of support for their son, Corey, who is fighting in Afghanistan.  The Homeowner's Association has demanded that they take the sign down.

My previous posts are here.

And now it's on Drudge.  The Drudge Report links to this article in NOLA:

A south Bossier City homeowners association has sued to force a family to remove a front yard sign supporting their son's military service because it violated subdivision covenants.

The Times reports that the Gardens of Southgate filed the suit this month against Timothy and Jodi Burr, who have lived in the subdivision since 2006. The Burrs placed a large multicolored banner with a picture of their 20-year-old son, Marine Corps Lance Cpl. Corey Burr, and the phrase "Our son defends our freedom" in January after Corey Burr was deployed to Afghanistan.

Jodi Burr says her family will fight the suit and do not intend to remove the sign.  An attorney representing the association, declined to comment.

The Burrs contend signs supporting a school or team are visible throughout the neighborhood.

When I last spoke to Jodi Burr she explained that they had tried to contact the HOA for clarification on the rules before they put up their sign and were ignored (twice).   As the NOLA piece, and my previous posts, indicate, the Burrs position is that there are other flags, signs, and banners of various sizes in the neighborhood so why are they being singled out?

How far do those rules go?  Jodi used the example of a fence sign.  A neighbor might have a cyclone fence that has a "Hercules Fence" sign on it.  Does that violate the covenant?  Or what about a banner in someone's flower bed with a big initial on it?  What about school pride signs?  Why HER banner?

At any rate, it seems the case is finally getting national attention.

SIGIS will keep you posted.

Update:  Here is the link to the Shreveport Times article cited by NOLA.  They write:

Jodi Burr said she and her family plan to fight the suit and do not intend to remove the sign."I hate that it's coming to this," she said. "I had hoped with the former ugliness that we were done, but unfortunately, we're not, and we're going to continue to push on."

The position of the Burrs is explained as well:

This week, the Burrs filed an official response to the suit, citing two main points. The first is that the HOA has abandoned the covenant restrictions on signs by not fully enforcing them. The covenants of the subdivision specify only real estate or builder signs are allowed in public view.



However, other types of signs, such as those supporting a school or team, are visible throughout the neighborhood.


The second point asserts that forcing the Burrs to remove their sign is a direct violation of the freedom of expression granted in the state and U.S. constitutions.

And this:

Burr said she understands the issue is likely with the size of the sign, which is what most would consider a banner, and she would be happy to modify it, if that was indeed the problem. However, the HOA has not enabled her to discuss the issue with them.

The HOA has continuously refused to meet with the Burrs on this or discuss the matter with them.  They made contact one time by sending a member of the HOA, an active duty armed forces member, to meet with them (as explained in my original post.)  He was not interested in their position but only asked them to take the sign down.  The Burrs request for a meeting with the board was never acknowledged.

Update 2:  The story just hit the front page of Fox News.

Previously:

Homeowner's Association Demands Removal of Sign of Support for Marine
Attorney for HOA Responds in Banner Dispute

UPDATE: Attorney for HOA Responds in Banner Dispute

Last week I wrote about the Burrs who have angered their Homeowner's Association in The Gardens of Southgate by placing a banner of support for their son in the front yard.  Their son is a Marine currently engaged in Afghanistan. 

Today I received comment from the attorney representing the HOA, Geoffrey D. Westmoreland, who respectfully requested "in the interest of balanced journalism," that I print the following press release:

This press release is in regards to the current dispute and controversy involving the Gardens of Southgate Association, Inc. (the "Association"), and Timothy D. Burr and Jodi M. Burr, who are residents in the Gardens of Southgate Subdivision, which involves a sign in their front yard.

The Board of Directors for the Association and the On-Site Committee for the Association will not comment on the facts, details or legal issues in the above referenced dispute, as that matter is currently pending.

However, the following is for the public record, and should be considered by those concerned about this dispute:

The Board of Directors of the Association, the On-Site Committee of the Association (which is the committee that addresses covenant enforcement), and all the officers thereof, support and agree with the message contained in the sign that has been placed in the Burrs' front yard.  Geoffrey D. Wesmoreland, attorney for the Association, also personally supports and agrees with the message contained in the Burrs' sign.

The Board of Directors of the Association, the On-Site Committee of the Association, all of the officers thereof, and their attorney support and are extremely thankful for the service that the Burrs are providing to our country, and for the service that their son, Corey Burr, is providing for our country.  The above mentioned also support and are extremely thankful for the service that all of our men and women in the United States military, and their families, are providing for our country.

The message and content of the sign located in the Burrs front yard has nothing to do with the current legal dispute involving that sign.  The Board and the On-Site Committee of the Association again reiterate that they support and are in agreement with the message contained within the sign that has been erected by the Burrs.

The release is signed by Geoffrey D. Westmoreland.  As he requested, I'm printing his release in its entirety.

Mr. Westmoreland, in his email to me, explains that he and his client believe that the Burrs have "been inaccurate in their alleged facts involving the HOA's consistent enforcement of the covenants, and that the Burrs' legal position in this matter is very weak."

The Burrs may want to get their hands on that KTBS tape of their story because the cameraman shot video of several signs in the neighborhood for the story. 

In response to the press release, Mrs. Burr expressed appreciation for their support of the military but wondered "why they have not had a problem with the other signs" in her yard for the past four years.

There were lots of interesting comments in the original post including one from a resident in the subdivision, and one from Sharon McCullar who was quoted in the original piece.  It seems there is no consensus.

As of today, the sign still stands. 

Homeowners Association Demands Removal of Sign of Support for Marine (UPDATED)

Earlier this week local news station KTBS broadcast the story of Tim and Jodi Burr who have a son currently engaged in Afghanistan in Operation Enduring Freedom.  The Burrs are currently engaged in a battle with their Homeowner's Association at The Gardens of Southgate about a banner of support on display in their front yard.

The covenant with the HOA forbids signage from residents.

The Burrs position is that they are being unfairly discriminated against.  In their neighborhood are signs of all kinds on display:  signs of support for various college athletic teams, birth announcement signs, alarm system signs, welcome flags, decorative flags, and holiday signs.  The Burrs, in fact, have had other signs on display in the past without incident:

For the each 5 years we have lived here we have had (as many others have had) a "sign in view of the public" in our yard. Specifically we have had "Welcome Y'all" , "The Burr's established 1990", and "Home of a Parkway Panther." signs. To our knowledge, none of these have been considered "infractions", as they have never been addressed until now that we have hung our banner for our Marine Corps son.  

So what's the difference?  Mrs. Burr writes:

We received a letter of request of removal from the HOA back in February. At this time, we respectfully sent a letter of response asking for a review of our covenants and to meet with the board to discuss the matter. Our letter was not received. We then mailed a certified copy of the letter to ensure it's delivery and placed a phone call to the HOA board to inform them that it had been sent. We were told by the HOA President that she would have the post office box checked the following day. Our certified letter was returned "unclaimed" two weeks later. In the mean time, the HOA board sent an Active Duty Air Force Officer to our home uninvited to make a personal visit to us to talk about the matter. During our conversation, this gentleman asked us what we would think if someone wanted to hang an anti-war sign in our neighborhood. Prior to his visit, we tried hard not to think the issue was the sign's content. However, after his question, unfortunately, it made it difficult to continue to think that way.

What in the world is this country coming to?  Of course a Homeowner's Association has the right to write their own rules and one agrees to those rules when they move in.  In the Burr's case, they did not receive a copy of those rules until after closing on their home, however, it probably wouldn't have made any difference. Who would ever imagine that anyone could object to a sign of support for one of our soldiers?

Does the Air Force officer who visited them intend to insinuate that someone in the neighborhood was offended by their sign?  In what capacity was this visit, anyway?

Mrs. Burr says she and her husband have received nothing but support from their neighbors and she does not want to cast her neighborhood in a negative light because of this controversy.  Their only conflict seems to be with the HOA.

An odd twist to the story is that the president of the HOA is T. K. Mastny, the president of the Republican Women of Bossier.  The RWB is very active in its support of our military.  My question is why couldn't this somehow have been resolved privately and peaceably?  It sounds like the  Burrs have tried - they requested a meeting with the board and were ignored. 

Sharon McCullar is a Vietnam veteran and has been a speaker at several of our Tea Party gatherings.  She left a post on the KTBS website that sums up the situation perfectly:

Yet again, America gets a glimpse of the incremental erosion of freedom! As a veteran of the Vietnam Era myself, and as a mother of two Marines who have already bled for this country, I am appauled that we have come to this point in our history. There is no greater sacrifice than military service. Any attempt to diminish it or those who serve to keep our country free is simply inexcusable. Both of my sons have faced death, lost friends to sniper bullets, and watched as their fellow brothers lay bleeding and limbless after IED explosions. So many have given all so that we could live, worship freely, and pursue the great American  dream. How dare any one person, neighborhood association, or lawmaker take away our right to honor these amazing heroes. I weep for my country because I hardly recognize her anymore. May God continue to keep his hands on my beloved homeland.

At this point, the Burrs are continuing to fight for their right to display their banner of support for their son Corey.  They are anticipating expensive legal fees in the process.  What they really want is an explanation as to why some signs are allowed and others are not. What, exactly, is it about their sign that singles them out?


If you want to weigh with verbal support, you can email the Homeowners Association through their attorney Geoff Westmoreland or you can leave a comment for the Burrs here.


Update:  Jodi Burr informs me that as a result of the KTBS story they received two offers of pro-bono representation from local attorneys.  As of now, their attorney has filed a TRO to keep things status quo until the case can be heard by the court. 


She continues to insist that they are not out to battle the HOA just for a battle; they attempted to contact the HOA in February when this issue first came up in an attempt to clarify the language of the covenant, however the HOA did not respond to their first letter or their certified follow-up letter.  All they really wanted from the outset was for the rules to be enforced consistently.  As it is now, it only appears that the Burrs are being singled out.


Regardless of the covenant with the HOA, it seems to me that this is a First Amendment issue. Would an agreement with the HOA override the First Amendment?  


Update 2:  Linked at Right Nation; thank you!  
Linked at The Evil Conservative - thanks!
Linked at My Bossier - thanks, Jim! 
Thanks to The Dead Pelican for the link. 
Thanks to Legal Insurrection for Blog of the Day status.