Rosie Yanas lives next door to her 80 and 90-year-old parents. On the other side of her parents' fence hangs a confederate flag owned by their next-door neighbor on the opposite side.
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It's nice not living in town and having to worry about petty little neighbor squabbles.
So if she didn't trespass, how did she take down the flag? Did she take hold of the fabric to tear it off its grommets?
ReplyDeleteHowever she did it, she acted maliciously, purposefully causing harm to the neighbor she deems to be offensive.
I notice in the article she, and her attorney, are playing to the court of public opinion. Which means they don't have a leg to stand on.
Unfortunately, their feelings trump the facts.
DeleteIf you watch the video at the link, the flag was mounted at the end of the fence right on the property line. You could access it from either side without crossing the over. I don't really have a dog in the fight, but IMO the neighbor flying the flag was being an asshat and could just as easily moved the flag somewhere else.
DeleteI live about 20 minutes away, Santa Fe is a not much of a town. Small. Pop of 12,000. Mix of low income mexicans and large lot properties for people with a bit of money and a yen for almost country life. I've actually looked at some property there, just too far away from where I'm working.
Don, flying a flag is free speech.
DeleteThe importance of the pertinent part of the 1A is realized when it guarantees that part of free speech which is most offensive. Yes, this protects one's right to be an asshole.
(Rights imply responsibilities. This current society seems to ignore that. The responsible person decides to act civilly. Yet, the speech of the irresponsible is also protected.)
Yes, the flag owner could have acted more responsible. Other than that, what charge is against him?
Yet it is his neighbor, the one who proffered multiple excuses for her behaviors, who is rightly charged with violations of the law. She also violated the civil rights of her neighbor by acting and having acted to obstruct, orevent, interefere with his free speech.
A bit of irony is I am saying she acted wrongly although I despise this current society which imposes penalties upon her actions.
In tomes past, she and he would have a talk. And he'd get a mouthful of fist when he decided to carry on being an asshole. You know, peace through force.
Dude, you are so right.
ReplyDeleteI used to have your typical suburban home, quarter acre yard, sidewalks, etc.
I don't think I could live like that anymore.
Myself, I would have removed that portion which encroached upon my property.....
ReplyDeleteor....
replaced it with a rainbow LGBTQXYZ, f- the cops, or BLM flag.
Then watch the fun.
I would also consider buying two Basset hounds and learning the bagpipes.
Speaking from my experience as a professional a$$h***.
In that case, the ratcheting up between two assholes, MAD usually follows.
DeleteMutually Assured Destruction
How come heritage and history are only allowed for 13% of the American population? In my opinion that 13% are the most destructive, nonproductive and parasitic of the goverment of all populations combined.
ReplyDeleteNotice as they tear down statues, they put up their own.
DeleteMLK Blvds in most cities, BLM named streets, changing names of schools, surreal statues to MLK, Saint George, and a few other thugs ofvthe one and proper skin color.
There's a property down the way with nothing but a barn and there was always several cars around. A Confederate flag is flown there 24x7. Awhile back it was taken down and I shook my head over the Karens that had made it happen. Turns out the flag was just worn out and it has since been replaced.
ReplyDeleteI understand that some folks would find that flag offensive, especially if they're already prone to getting their panties in a knot over such things. I am not one of them.
What the owner of that place does doesn't matter to me; I grew up in the South and in a free country. More power to the owner for expressing his opinion.
Since it's in court it may come down to technicalities. Who owns the fence?
ReplyDeleteWhere I'm from, when a property owner puts up a fence, by local code, the *unfinished* side, that is the posts etc., must face the fence owners side of the property. The fence itself also must be *entirely* on the fence owners property. That's why most folks don't place a fence right on the property line but allow a foot or two on the opposite side. That doesn't always happen, but there you are. Watching the video, it appears to me that there is also a chain link fence along one side. But, typical of today's journalism, the story is ambiguous about which side is actually her parent's property.
However, having said all of that, though it is true that the guy has the right to fly any flag he so pleases, He's being a total asshole by flying it off the end of the fence. I believe he did it on purpose in order to stir things up more than they need to be.
Also, as an aside. The flag he's flying is the Confederate Naval jack - the flag that flew from the bow of a naval vessel while in port. The flag that became the battle flag of the ANV is square, not rectangular. To add more stupidity to it all, the Confederate Naval jack, being somewhat obscure, over the years became the flag of the KKK.
When I lived in suburbia many years ago, there were two neighbors a few doors down that were having a feud. One of the neighbors, even though there was an existing chain link fence, had his property surveyed so he could put up a privacy fence. Lo and behold, he found out the other neighbors chain link fence was *eight inches* inside his property line. He went to court and forced the guy to relocate the fence at great expense. And then he put up the privacy fence anyway.
I live in the country now for the reasons Kenny said.
So she was offended by the presence of the democrat party flag circa 1865?
ReplyDeleteRE: her acting to protect her parent's property
ReplyDeleteDid her parents explicitly or implicitly ask her to do what she did?
What legal capacity does she hold to act in defense of her parent's property?
Is she their legal guardian, or have yer parent's assigned such authority to her?
It seems to me that if she is not named on the title to the property, if she is not their legal guardian, she is no more than an invited guest when on their property.
I make no claim to knowledge of TX law.
If the flag is mounted so as to fly over her neighbor’s lot’s air space I note there is nothing preventing the neighbor from standing on their own property edge with a flaming torch. If a carelessly mounted object catches fire, so be it.
ReplyDeleteSounds like you have WAY too many Yankees on your site, Kenny..
ReplyDeleteSome of us just don’t celebrate losers
DeleteAnd some of us don't celebrate tyrants.
Delete"Some of us just don’t celebrate losers." Once I realized that the phrase "history is written by the victors" applies universally, it opened up the idea that the American history that I've been taught in the government schools is not always accurate. We're told the versions of events that they want us to know. There is quite a bunch they leave out...the narrative of "the evil White Southern landowner wanted to be free to beat and rape his slaves while the peaceful multicultural Northerners had to Do What Is Right and stop them" doesn't hold water when you start to seriously study it.
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