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Fort Point man fights to keep American flag in condo window

A Fort Point man is at war with his condo association because he refuses to remove a 6-foot-by-10-foot American flag from his unit's window. (Metro file photo) A Fort Point man is at war with his condo association because he refuses to remove a 6-foot-by-10-foot American flag from his unit's window. Credit: Metro Archive

A Fort Point man is fighting his condo association after they notified him his American flag violated the building's white curtains only policy.

Mark DiGiovanni, 52, told the Boston Herald he was given a “gentle reminder” yesterday by the company that he’d start accruing $25-a-day penalties for breaking the curtains rule if he does not remove the 6-foot-by-10-foot flag that hangs in his unit's window.

But DiGiovanni says according to the 2005 federal Freedom to Display the American Flag Act, he's not in the wrong. He says the rule states that condo associations “may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States” in a condo he or she owns.

“If in fact he is an owner, and this is a clear violation of the federal law, he is entitled to legal action,” state Sen. Michael Rush told the Herald. “Under the federal piece, they can put some restrictions, but this is an outright ban. They said, ‘We don’t want the flag displayed in the window, so get it out.’”

But not all agree. Condo trustee Sean McGrail previously told the Herald that DiGiovanni knew the rules when he moved in, but chose to break them anyway.

"He’s trying to rile people up with his fake patriotism,” McGrail previously told the Herald. “When he bought it, the condo documents were very clear. In my opinion, he doesn’t want to hear ‘no.’ ”

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