San Jose, CA asked in Land Use & Zoning for California

Q: Can my neighbor legally hang a 3’x5 rainbow flag from his tree branch in his front yard? It’s been there for a year.

They are renting the house and it bothers many of us. Not because it’s a gay flag but because it’s tacky and faded and devalues our street.

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3 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: You will need to check the city ordinances or HOA rules (if applicable.)

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: Would a faded American flag devalue your street?

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, homeowners generally have the right to display non-commercial flags on their property, including rainbow flags, as a form of free expression. While concerns about aesthetics or property value may exist, as long as the flag doesn't violate any homeowners' association rules or local ordinances, it's likely protected by the First Amendment. If you believe there's a specific violation, consult local ordinances and a legal professional to explore potential options.

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