GREENFIELD, Ind. — A local couple’s desire to keep a flagpole in their front yard so they can fly an American flag has sparked controversy in a Greenfield subdivision.

The debate has grown so heated that both sides have hired attorneys, and the couple has been assessed a $500 fine by their homeowners association.

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The U.S. and POW-MIA flags are more than just a patriotic gesture to Bob Willits and his wife, Judy. Bob Willits is a disabled U.S. Army veteran who fought in Korea, and his brother is listed as missing in action during that war. Tom Russo / Daily Reporter

They have refused to pay the fine, saying they have a federally protected right to display the American flag. The homeowners association doesn’t disagree, but members say the association has rules about how and where that flag may be placed.

There’s no debate over the tastefulness of the display in front of Bob and Judy Willits’ home in the 1600 block of Stonewall Drive; even the homeowners association members asking for it to be removed say the flagpole, surrounded by a bed of seasonal flowers, is a lovely setup. But it’s also against the rules – ones that others have been asked to follow, said Kaye Eckert, president of the homeowners association.

“It is displayed beautifully,” she said. “We couldn’t ask for any more – if they were allowed.”

Homeowners associations, which are common in local subdivisions, serve as the neighborhood’s governing body, establishing bylaws intended to keep the homes looking nice and in some cases uniform from property to property.

The Fieldstone homeowners association allows flags, but they have to be attached to a bracket on the home.

The Willitses say they didn’t know they were in violation of the rules, which don’t specifically mention flagpoles. They were devastated when Eckert visited their home during the summer to ask them to remove the flagpole holding two flags, an American flag and a POW-MIA flag. Eckert told them the flagpole violated the association covenants.

The flags are more than just a patriotic representation to the couple. Bob Willits is a disabled U.S. Army veteran who fought in Korea, and his brother, who was also in the Army, is still listed as missing in action from the Korean War.

“I fought for that flag, and I paid for it dearly,” Bob Willits said. “My brother died for it. I’m not tearing it down. Period.”

Eckert said the flags aren’t the problem; it’s the pole, which she said could cause issues for landscapers who mow the properties in Fieldstone.

Members of the neighborhood association also cited concerns about what happens when other neighbors begin putting up flagpoles, Eckert said.

“Some of them would not be done properly, and it wouldn’t be very patriotic in the end,” she said.

After months of warnings and notices to remove the pole, the association hired an attorney to draft a letter to the couple. The letter states they may keep the pole for a $500 fine – essentially, the cost of the homeowners association’s legal fees, Eckert said.

Attorney Tom Cone of Greenfield, who represents the Willitses, sent a letter back to the board objecting to the terms and asking the board to reconsider out of “simple decency.”

“I don’t want to hurt anybody,” Judy Willits said. “It’s just so important to us.”

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