Flag Fight: Man says HOA won't let him fly Marine Corps flag

Jamison, Pa. (WTXF) - A military family wants to fly a Marine Corps flag, but the homeowners' association is saying not so fast--rules are rules. But do rules outweigh laws?

Phil and Gail Wursta moved into the 14 home Nestlewood Estates community last year. When Phil's son Jon, a U.S Marine, came home to visit in the spring, they replaced the American flag that waved in front of their home with a U.S Marine Corps flag.

"I wanted to show that respect to him and it was beyond my wildest imagination that someone would have a problem with the United States Marine Corps flag," Phil said.

He got an email from the president of the homeowners' association that the rules state that "only an American flag is allowed." That one exception could lead to more.

The Pennsylvania statute isn't exactly clear: On one hand: "An association may not prohibit the outdoor display of one American flag, Commonwealth flag and military flag. But then it reads: "regulations regarding the display of a military flag must permit the flying (on military holidays)..."

The association president, who asked not to be identified, says they support the family flying the American flag every day of the year and the military flag on holidays. Saying, "this is about not following protocol. The board must weigh Phil and Gail's feelings as well as the feelings of 13 other homeowners".

But the family insist the law is on their side.

"This is a right that we feel is protected for us and we're not trying to do anything egregious or offensive to anyone," Gail said.