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To amend sections 5301.072 and 5311.191 and to enact | 1 |
sections 4781.401 and 5321.131 of the Revised Code | 2 |
to prohibit manufactured homes park operators, | 3 |
condominium associations, neighborhood | 4 |
associations, and landlords from restricting the | 5 |
display of blue star banners, gold star banners, | 6 |
and other service flags, and to prohibit | 7 |
manufactured homes park operators and landlords | 8 |
from restricting the display of the United States | 9 |
flag. | 10 |
Section 1. That sections 5301.072 and 5311.191 be amended and | 11 |
sections 4781.401 and 5321.131 of the Revised Code be enacted to | 12 |
read as follows: | 13 |
Sec. 4781.401. (A) No restriction set forth in a rental | 14 |
agreement shall prohibit or be construed to prohibit either of the | 15 |
following: | 16 |
(1) The display, on the tenant's rental property, of the flag | 17 |
of the United States if the flag is displayed in accordance with | 18 |
any of the following: | 19 |
(a) The patriotic customs set forth in 4 U.S.C. 5 to 10, as | 20 |
amended, governing the display and use of the flag of the United | 21 |
States; | 22 |
(b) Federal law, state law, or any local ordinance or | 23 |
resolution; | 24 |
(c) A proclamation of the president of the United States or | 25 |
the governor. | 26 |
(2) The display, on the tenant's rental property, of a | 27 |
service flag approved by the United States secretary of defense | 28 |
for display in a window of the residence of a member of the | 29 |
immediate family of an individual who is serving in the armed | 30 |
forces of the United States. A service flag includes a blue star | 31 |
banner, a gold star banner, and any other flag the secretary of | 32 |
defense designates as a service flag. | 33 |
(B) A restriction or a construction of a restriction that | 34 |
violates division (A) of this section is against public policy and | 35 |
unenforceable in any court of this state to the extent it violates | 36 |
that division. | 37 |
Sec. 5301.072. (A) No covenant, condition, or restriction set | 38 |
forth in a deed, and no rule, regulation, bylaw, or other | 39 |
governing document or agreement of a homeowners, neighborhood, | 40 |
civic, or other association, shall prohibit or be construed to | 41 |
prohibit | 42 |
(1) The placement on any property of a flagpole that is to be | 43 |
used for the purpose of displaying | 44 |
45 |
(2) The display on any property of | 46 |
States if the flag is displayed in accordance with any of the | 47 |
following: | 48 |
| 49 |
10, as amended, governing the display and use of the flag of the | 50 |
United States; | 51 |
| 52 |
having lawful control of the property; | 53 |
| 54 |
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st | 55 |
Session (1998); | 56 |
| 57 |
United States or the governor, section of the Revised Code, or | 58 |
local ordinance or resolution. | 59 |
(3) The display of a service flag approved by the United | 60 |
States secretary of defense for display in a window of the | 61 |
residence of a member of the immediate family of an individual who | 62 |
is serving in the armed forces of the United States. A service | 63 |
flag includes a blue star banner, a gold star banner, and any | 64 |
other flag the secretary of defense designates as a service flag. | 65 |
(B) A covenant, condition, restriction, rule, regulation, | 66 |
bylaw, governing document, or agreement or a construction of any | 67 |
of these items that violates division (A) of this section is | 68 |
against public policy and unenforceable in any court of this state | 69 |
to the extent it violates that division. | 70 |
Sec. 5311.191. (A) No declaration, bylaw, rule, regulation, | 71 |
or agreement of a condominium property or construction of any of | 72 |
these items by the board of managers of its unit owners | 73 |
association shall prohibit | 74 |
(1) The placement of a flagpole that is to be used for the | 75 |
purpose of displaying, or | 76 |
of the United States on or within the limited common areas and | 77 |
facilities of a unit owner or on the immediately adjacent exterior | 78 |
of the building in which the unit of a unit owner is located, if | 79 |
the flag is displayed in accordance with any of the following: | 80 |
| 81 |
10, as amended, governing the display and use of the flag of the | 82 |
United States; | 83 |
| 84 |
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st | 85 |
Session (1998); | 86 |
| 87 |
United States or the governor, section of the Revised Code, or | 88 |
local ordinance or resolution. | 89 |
(2) The display of a service flag approved by the United | 90 |
States secretary of defense for display in a window of the | 91 |
residence of a member of the immediate family of an individual who | 92 |
is serving in the armed forces of the United States. A service | 93 |
flag includes a blue star banner, a gold star banner, and any | 94 |
other flag the secretary of defense designates as a service flag. | 95 |
(B) A declaration, bylaw, rule, regulation, or agreement or | 96 |
the construction of any of these items that violates division (A) | 97 |
of this section is against public policy and unenforceable in any | 98 |
court of this state to the extent it violates that division. | 99 |
Sec. 5321.131. (A) No restriction set forth in a rental | 100 |
agreement shall prohibit or be construed to prohibit either of the | 101 |
following: | 102 |
(1) The display, on the tenant's rental property, of the flag | 103 |
of the United States if the flag is displayed in accordance with | 104 |
any of the following: | 105 |
(a) The patriotic customs set forth in 4 U.S.C. 5 to 10, as | 106 |
amended, governing the display and use of the flag of the United | 107 |
States; | 108 |
(b) Federal law, state law, or any local ordinance or | 109 |
resolution; | 110 |
(c) A proclamation of the president of the United States or | 111 |
the governor. | 112 |
(2) The display, on the tenant's rental property, of a | 113 |
service flag approved by the United States secretary of defense | 114 |
for display in a window of the residence of a member of the | 115 |
immediate family of an individual who is serving in the armed | 116 |
forces of the United States. A service flag includes a blue star | 117 |
banner, a gold star banner, and any other flag the secretary of | 118 |
defense designates as a service flag. | 119 |
(B) A restriction or a construction of a restriction that | 120 |
violates division (A) of this section is against public policy and | 121 |
unenforceable in any court of this state to the extent it violates | 122 |
that division. | 123 |
Section 2. That existing sections 5301.072 and 5311.191 of | 124 |
the Revised Code are hereby repealed. | 125 |