Hi Ria: I do not know if there is a compendium of state flagpole laws anywhere. What other volunteer counsels likely advise callers we cannot know as we have no “handbook” for VCs. My experience over the years is that VC experience varies widely. By the way, Director Stratton has considerable experience fighting CAI for years to get passed flagpole laws in Texas. What you presented is labeled “flagpoles” but doesn’t appear to specifically allow them. One issue I see with the example you posted is that it does not allow flagpoles by language. Just a flag up to a specified size. It might be a struggle to prove it was meant to apply to allow flagpoles unless there are other applicable laws related to it. This is a good example of the type of ordinance, rule or statute which provides room to assert a position but provides plenty of room for a HOA to say no to a flagpole and have an argument to support that position. Any one ham enforcing this right for a flagpole is going to spend more money in legal fees than they may have invested in ham gear and might lose. They can likely put a flag on the front or rear porch on their unit without push back, but a 35 foot (or higher) flagpole is going to be litigated by HOAs which do not want them if they already ban poles. Even prevailing for a flagpole does not assure one can also use it for an antenna without being stealthy. What are those wires in the lawn (radials needed) and that cable going to your house underground they might ask. Some HOAs restrict use of radio regardless of indoor or stealth antennas. An “invisible” wire as an end-fed dipole is as effective and stealthier unless flagpoles are exempted. But in some states, there are flagpole laws which allow them by rule. Bob Famiglio, K3RF Vice Director - ARRL Atlantic Division 610-359-7300 www.QRZ.com/db/K3RF From: arrl-odv On Behalf Of rjairam@gmail.com Sent: Sunday, August 18, 2019 9:30 AM To: arrl-odv <arrl-odv@reflector.arrl.org> Subject: [arrl-odv:28590] Flagpole laws Someone approached me at a hamfest and informed me that NYS has a “right to display the flag” law that could be used as a means to erect an antenna (the “patriotic ham” defense as I like to call it). Do we have a reference for laws like this in all 50 states? Do volunteer counsel advise hams who approach them that they can display the flag and that the pole could possibly be the length of a suitable vertical antenna? This isn’t something I would shout from the rooftops but could be something useful for hams to use so they can get on the air. Ria N2RJ
