After a bout with the management of his Draper housing complex, Capito has earned approval to fly Old Glory.
Capito said he received a letter early Wednesday approving his application and outlining the conditions under which he can display Old Glory. He signed the letter and called it a "nice surprise," coming just the morning after a cancelled homeowners association meeting.
"That's not what I expected after they'd cancelled that meeting," he said. "I thought they'd intended to take it further."
Community Management has held throughout this flap that the issue was not one over patriotism and the flag, but rather the mount Capito had installed above the doorway of the town home.
The approval letter came with several conditions, stating that Capito could fly a standard 3-foot by 5-foot American flag with a standard-sized bracket or mount, pole and topper. The agreement also requires Capito to "repair any damage the improvement may cause to the exterior of the building" and hold the homeowners association harmless from any damage arising from the alteration.
"To me, that's reasonable to keep it in good shape and take liability for the damages," Capito said.
But Capito added that the victory is bittersweet.
"On one hand, I'm really grateful and happy it's over," he said. "On the other hand, there's still no legal precedent in regards to the federal or state laws that got passed. Until there's some case law, HOAs will continue to do this to people. I guess it'll be up to the next person to take it to court."
Capito's struggle wasn't the first such local incident.
Eight years ago, a Vietnam veteran was ordered to remove his U.S. flag and POW/MIA banner and was later told to put his flag on a makeshift plastic-pipe flagpole in his backyard. He was also told it violated condominium rules.
