Chattanooga, TN asked in Gov & Administrative Law, Government Contracts and Public Benefits for Tennessee

Q: So I am a tannate at a local apartment complex and we are getting fined and asked to take down patriotic flags. Thought?

Can they do this? this is the terms of the lease

"1. No signs, notices or advertisements shall be attached to or displayed by Lessee(s) on or about said premises.

2. Nothing shall be placed or kept on the outer sill or on the outside of any window and nothing shall be thrown out of any

window, or door, or from any balcony.

3. No table cloth, dust cloth, towel, curtain, rug or carpet, or article of clothing shall be hung or shaken from any window, door or

balcony.

4. Nothing shall be permitted to remain in the public halls, entrances or on walks. During summer season, only outdoor furniture

shall be permitted to remain outside."

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered

A: File a protest, and also notify the press, the American legion and the Tennessee Civil Liberties Union.

If enough press is thrown on this, could make them back down.

Note however patriotic would be the American Flag. Signs promoting one candidate or belittling another are not in themselves "patriotic." So I can see a court saying "flying the national flag on Juneteenth? Protected." Flying a campaign flag when your lease/HOA agreement says no displays? Not protected.

But that's my opinion, so contact the TCLU, others.

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