SR35

A Senate Resolution memorializing Congress and the Department of Housing and Urban Development to explicitly permit the display of the American flag and yellow ribbons on the premises of public housing.

Whereas, Local public housing authorities have interpreted nondiscrimination provisions of the federal Fair Housing Act to prohibit the display of the American flag or yellow ribbons unless other potentially offensive flags or ribbons are also permitted to be displayed; and

Whereas, It is unclear whether the Fair Housing Act prohibits such a display or whether the local public housing authorities have misinterpreted the law; and

Whereas, Under the guise of the Fair Housing Act, citizens of this nation, and residents of the State of New Jersey, have been denied the right to express their patriotism through the display of symbols such as the American flag or a yellow ribbon; and

Whereas, Every individual living in the United States of America should be permitted to display the American flag or yellow ribbons, in a reasonable and safe manner, outside of their home; and

Whereas, Congress has previously recognized the importance of allowing individuals to display the American flag through the passage of the Freedom to Display the American Flag Act of 2005; and

Whereas, The Freedom to Display the American Flag Act of 2005, however, does not grant the right to display the American flag, or yellow ribbons, to all Americans; and

Whereas, Congress or the Department of Housing and Urban Development could use New Jersey law, namely N.J.S.A.45:22A-48.1 which specifically prohibits a homeowners’ association from limiting or prohibiting the display of the American flag, yellow ribbons, and signs in support of our troops, as a model to explicitly permit the display of the American flag or yellow ribbons on public housing premises; and

Whereas, The residents and Legislature of New Jersey have acknowledged that the display of the American flag and yellow ribbons is a vital policy issue to the State; and

Whereas, Federal law should be either clarified or amended so that no person is ever again prohibited from displaying the American flag or yellow ribbons based on the notion that such demonstrations of patriotism are prohibited under federal law; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. This House urges Congress and the Department of Housing and Urban Development to either amend or clarify current law to explicitly permit the display of the American flag and yellow ribbons on the premises of public housing.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, every member of Congress elected from this State, and the Secretary of the Department of Housing and Urban Development.

STATEMENT

This resolution calls on Congress and the Department of Housing and Urban Development to either amend or clarify existing law to explicitly permit the display of the American flag and yellow ribbons on public housing premises.

In May of 2012, a New Jersey resident was told that she could not display the American flag on the balcony of her public housing apartment. The reasoning given to her was that, based on the nondiscrimination provision of the federal Fair Housing Act, if the American flag was permitted to be displayed that the housing authority would then also have to permit the display of objectionable or offensive flags. Display of the American flag, along with display of other patriotic symbols such as yellow ribbons, should not be prohibited by any federal, state, or local law.

Congress previously addressed this topic when it passed the Freedom to Display the American Flag Act of 2005. The State of New Jersey has also addressed the topic of display of the American flag and yellow ribbons under Title 45 of the New Jersey Statutes. Unfortunately, the Freedom to Display the American Flag Act of 2005 does not appear to go far enough to protect the right of Americans to display the American flag. Because the right to display the American flag and yellow ribbons is a right that is near and dear to the hearts of all Americans, Congress and the Department of Housing and Urban Development should take appropriate measures to explicitly guarantee that right.