From left: Victoria Goodwin 12, Rob Gramann, Gunnar Gramann 3, Taylor Goodwin 13, and Sara Gramann with their flagpole in front of their Liberty Township home. (Glenn Hartong/The Enquirer)

LIBERTY TWP. - Sara and Rob Gramann won't take down their American flag from its 20-foot pole in their Hughes Woods subdivision front yard.

Not even a lawsuit filed by 10 of their neighbors nine months ago has weakened their belief that it is their First Amendment right to display the flag.

Neighbors - many of whom are veterans like Sara Gramann - say that isn't the main issue in the lawsuit, which also lists the Hughes Woods Community Association, John Henry Homes and Blackberry Hills Development Co. as defendants.

"These people are trying to tell me we can't fly it. That's un-American," said Sara Gramann, who served in the U.S. Marine Corps from 1988 to 1992.

The homeowners' association requires permission before structures can be put up. The Gramanns didn't request permission because they didn't think the flagpole was a structure when they installed it in December.

They have since sought approval; but after the lawsuit was filed, the association halted the review process, said Rick Kimbler, who sits on the association board and is one of the owners of the development company.

"This is not about flying the American flag," said Bob Lindenberger, spokesman for the homeowners who filed suit. "I find it a travesty that there are those among us in society that, rather than live by the laws and the principles the flag represents, choose to drape themselves in it and claim that they're being victimized."

Kimbler said he was told this week that both sides had come to a settlement.

"I was told verbally a settlement had been reached on the matter, but nothing is in writing yet,'' Kimbler said Thursday.

A law that took effect 18 months ago prevents homeowners' associations from banning flagpoles in new subdivisions. However, the Hughes Woods association was formed before the law took effect.

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