Palm Beach: Destroy the heretics!

Judge upholds lawsuit against Jupiter flag flyer

September 26,2001

By Randall Murray

Staff Writer

Strike three for Jupiter¹s most famous flag flyer. A
Palm Beach County Circuit Court judge Tuesday rejected
a request from former marine George Andres, 61, to
dismiss a lawsuit brought against Andres by his
homeowners association for flying his American flag on
a 12-foot pole in violation of association by-laws.
Following the hearing, Andres remained steadfast,
saying he will keep the flag flying from the pole.

"The U.S. government says I can fly the flag, and
that¹s what I¹m going to do."

Andres was sued by the Indian Creek Phase III-2
association in May. The by-laws state a flag can be
flown only from a bracket attached to a house, not from
a pole in the yard.

Despite defeats in a trial and an appeal, Andres has
remained defiant, continuing to allow the stars and
stripes to wave from his pole at 125 Doe Trail.

In a case that has attracted national attention, he was
ordered in October to pay nearly $21,000 in damages to
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the association and is being fined $100 per day for
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each day he defies the order of Judge Catherine M.
Brunson.

[Anyone have any idea how flying a flag can cause
$21,000 in REAL damages and not IMAGINARY damages?]

In Tuesday¹s hearing on Andres¹ countersuit against the
homeowners¹ association, Andres¹ attorney Barry Silver
of Boca Raton took the offensive.

Andres has countersued the homeowners¹ association on
three counts:

First, he claims its action against him violates
association by-laws that forbid anyone from causing
"shame and embarrassment" to the community. Silver
charged that the continued battle with Andres has done
just that.

Judge Blanc dismissed a motion by homeowners¹
association attorney Steven Selz of Palm Beach to throw
out that count. He also dismissed Selz¹s request to
throw out another claim by Andres the association is
violating his constitutional rights in refusing to
allow his pole.

In his second salvo, Silver contends the association is
violating Andres¹ constitutional rights.

Judge Blanc did, however, give Selz additional time to
respond to Silver¹s charge of negligence against the
association. Silver said Andres was granted verbal
permission to erect his flagpole before the association
board turned around and ordered him to remove it. There
is no written record of Andres¹ being given approval to
put up the pole.

During a 20-minute hearing, Judge Blanc refused to
grant Silver¹s request for "injunctive relief," to stay
the fines imposed by Judge Brunson.

"I don¹t have the authority to do that," he said.
Following the hearing, Silver, who has a reputation for
taking on high-profile cases involving civil rights,
questioned Selz¹s patriotism. "Mr. Selz may be a good
lawyer, but he¹s not a very good patriot."

Selz responded later saying, "Mr. Silver is trying to
create a constitutional issue where there is none."
Silver indicated he will ask Judge Brunson to
reconsider the case in a hearing tentatively scheduled
for Oct. 26.