As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 189


Representatives Coley, DeGeeter 

Cosponsors: Representatives O'Brien, Garland, Butler, Yuko, Martin, Murray, Slaby, Beck, Fende, Pillich, Blair, Combs, Ruhl, Schuring, Dovilla, Adams, J., Phillips, Okey, Antonio, Carey, Derickson, McKenney, Brenner 

A BILL
To amend sections 5301.072 and 5311.191 and to enact 1
section 5321.131 of the Revised Code to prohibit 2
condominium associations, neighborhood 3
associations, and landlords from restricting the 4
display of blue star banners, gold star banners, 5
and other service flags, and to prohibit landlords 6
from restricting the display of the United States 7
flag. 8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 5301.072 and 5311.191 be amended and 9
section 5321.131 of the Revised Code be enacted to read as 10
follows:11

       Sec. 5301.072. (A) No covenant, condition, or restriction set 12
forth in a deed, and no rule, regulation, bylaw, or other 13
governing document or agreement of a homeowners, neighborhood, 14
civic, or other association, shall prohibit or be construed to 15
prohibit theany of the following:16

       (1) The placement on any property of a flagpole that is to be 17
used for the purpose of displaying, or shall prohibit or be 18
construed to prohibit the flag of the United States;19

       (2) The display on any property of, the flag of the United 20
States if the flag is displayed in accordance with any of the 21
following:22

       (1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as 23
amended, governing the display and use of the flag of the United 24
States;25

       (2)(b) The consent of the property's owner or of any person 26
having lawful control of the property;27

       (3)(c) The recommended flagpole standards set forth in "Our 28
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st 29
Session (1998);30

       (4)(d) Any federal law, proclamation of the president of the 31
United States or the governor, section of the Revised Code, or 32
local ordinance or resolution.33

       (3) The display of a service flag approved by the United 34
States secretary of defense for display in a window of the 35
residence of a member of the immediate family of an individual 36
serving in the armed forces of the United States. A service flag 37
includes a blue star banner, a gold star banner, and any other 38
flag the secretary of defense designates as a service flag.39

       (B) A covenant, condition, restriction, rule, regulation, 40
bylaw, governing document, or agreement or a construction of any 41
of these items that violates division (A) of this section is 42
against public policy and unenforceable in any court of this state 43
to the extent it violates that division.44

       Sec. 5311.191. (A) No declaration, bylaw, rule, regulation, 45
or agreement of a condominium property or construction of any of 46
these items by the board of managers of its unit owners 47
association shall prohibit theeither of the following:48

       (1) The placement of a flagpole that is to be used for the 49
purpose of displaying, or shall prohibit the display of, the flag 50
of the United States on or within the limited common areas and 51
facilities of a unit owner or on the immediately adjacent exterior 52
of the building in which the unit of a unit owner is located, if 53
the flag is displayed in accordance with any of the following:54

       (1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as 55
amended, governing the display and use of the flag of the United 56
States;57

       (2)(b) The recommended flagpole standards set forth in "Our 58
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st 59
Session (1998);60

       (3)(c) Any federal law, proclamation of the president of the 61
United States or the governor, section of the Revised Code, or 62
local ordinance or resolution.63

       (2) The display of a service flag approved by the United 64
States secretary of defense for display in a window of the 65
residence of a member of the immediate family of an individual 66
serving in the armed forces of the United States. A service flag 67
includes a blue star banner, a gold star banner, and any other 68
flag the secretary of defense designates as a service flag.69

       (B) A declaration, bylaw, rule, regulation, or agreement or 70
the construction of any of these items that violates division (A) 71
of this section is against public policy and unenforceable in any 72
court of this state to the extent it violates that division.73

       Sec. 5321.131. (A) No landlord shall include any restriction 74
in a rental agreement, or otherwise prohibit on a tenant's rental 75
property, either of the following:76

       (1) The display of the flag of the United States if the flag 77
is displayed in accordance with any of the following:78

       (a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as 79
amended, governing the display and use of the flag of the United 80
States;81

       (b)Federal law, state law, or any local ordinance or 82
resolution;83

       (c) A proclamation of the president of the United States or 84
the governor of the state.85

       (2) The display of a service flag approved by the United 86
States secretary of defense for display in a window of the 87
residence of a member of the immediate family of an individual 88
serving in the armed forces of the United States. A service flag 89
includes a blue star banner, a gold star banner, and any other 90
flag the secretary of defense designates as a service flag.91

        (B) Any violation of this section is against public policy 92
and unenforceable. Any provision of a rental agreement that 93
violates this section is an unconscionable term under section 94
5321.14 of the Revised Code.95

       Section 2. That existing sections 5301.072 and 5311.191 of 96
the Revised Code are hereby repealed.97