After a bout with the management of his Draper townhouse, Capito has earned approval to fly Old Glory at 14082 S. Pepi Band Lane (about 1000 East).

And today, Capito said, he will give proof through sunrise that his flag is still there - along with 68 others.

"I have been in contact with the Boy Scouts," he said, "and have arranged for them to put an American flag in the front yard of every home in the subdivision at sunrise."

Capito ran into some Scouts who were going door to door for a fundraiser this week. He told them he would pay them to fly flags today in front of all his neighbors' homes.

But the Air Force veteran emphasizes that he's not trying to rub his victory in management's face.

"I would never use the flag to be vindictive or spiteful. I'm just trying to make my neighbors aware of the fact they're free to show their patriotism," he said. "The [homeowners association] never came out and said we're allowed to fly it, they just approved my application. I know there are some neighbors who still want to fly the flag."

Capito said he received a letter early Wednesday approving his application and outlining the conditions under which he can display the Stars and Stripes. He signed the letter and called it a "nice surprise," coming the morning after a homeowners association meeting, expected to address the issue, was scrapped.

"That's not what I expected after they'd canceled that meeting," he said. "I thought they'd intended to take it further."

Community Management did not return calls Friday, but it has held throughout this flap that the issue was not one over patriotism and the flag, but rather the mount Capito had installed on the exterior of the town home.

The approval letter came with several conditions, stating that Capito could fly his standard 3-foot-by-5-foot U.S. flag with its standard-size 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.

"That's reasonable," Capito said.

But his triumph 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."

To buttress his case, Capito had pointed to the Freedom to Display the American Flag Act of 2005 and Utah's Right to Display the Flag at Personal Residence law passed in 2004.

"Until there's some case law, HOAs will continue to do this to people," Capito said. "I guess it'll be up to the next person to take it to court."

sgehrke@sltrib.com