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Houston Marine awaits victory in HOA flagpole battle

by Jeremy Desel / KHOU 11 News

khou.com

Posted on June 1, 2011 at 12:04 AM

Updated Wednesday, Jun 1 at 9:35 AM

HOUSTON—A Houston-area Marine may be on the verge of victory as he battles his neighborhood homeowners association over a flagpole in his yard.

The HOA is suing Michael Merola and trying to fine him thousands of dollars over a 20-foot pole, which he uses to fly the American flag.

The deed restrictions don’t ban flag poles—they allow a six-foot flag pole off the front of the house. Merola has been fighting the HOA to use his 20-foot pole since last year.

"I served eight years for every American to have the right to fly that flag. I can fight for that flag but not fly it?" Merola said. "It didn’t say anything about not being able to fly the flag in my back yard. I spend most of my time out here."

Merola took his fight to the State Legislature in Austin, pushing legislators to pass a law. They did pass it with flying colors: 146 to 0 in the Senate and 143 to 1 in the House.

The bill waits now for Gov. Rick Perry’s signature. It will take effect immediately if he does not veto.

In the year that Merola’s flag has been flying, there was only one anonymous complaint that it was too loud, he said.

"Do you hear any noise now? That is the sound of freedom. Like I said, if that is disturbing to some people, I’m sorry," Merola said.

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