COL BARFOOT MOH BATTLE NOT OVER

CALL AND GET HR256,HR 952, and HR 1082 on the Defense Appropriations Bill Stand up with COL Barfoot

Asking that he not be named because of the intense level of debate and commentary, he warned against any definitive notion that the pole will be allowed to remain in place uncontested. He described the dropping of legal action as an effort to calm nerves and allow some state of normalcy to return to the community.At a Henrico Board of Supervisors meeting yesterday, there was some hesitancy about stepping into the flagpole controversy.  Supervisor Richard W. Glover said that because the matter "has become a national issue," there may be a need to pass an ordinance "that would say that an American flag can be flown anytime, anywhere."

County Attorney Joseph P. Rapisarda Jr. said he would look into the question but described it as "a private issue dispute."

Colonel thanks backers, but flagpole saga may not be over

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RICHMOND, Va. — Freed from the threat of immediate legal action, the battle-tested retired Army colonel at the center of a fight over a flagpole and the American flag thanked his thousands of supporters yesterday.

While the struggle might not be over yet, Van T. Barfoot, 90, told a crowd of reporters outside his Henrico County home yesterday:

"All my life, from childhood to now, I have been able to fly the flag. In the time I have left, I plan to continue to fly the American flag without interference."

The American flag hung from his nearby front-yard pole, an aluminum lightning rod for a nationwide debate over the power of his homeowners association.

In a one-sentence declaration issued Tuesday night from the office of U.S. Sen. Mark Warner, D-Va., Sussex Square Services Inc. withdrew the threat of unspecified legal action to be taken against Barfoot unless the pole was removed by 5 p.m. tomorrow.

Barfoot moved into Sussex Square in June. He later raised the pole without permission from the Sussex Square board, and on Veterans Day he began regularly flying the flag.

The board ordered that the pole be removed by Dec. 4, but extended the deadline by a week.

The board has declined to comment on the situation except through its attorneys, who are no longer involved.

But a Sussex Square resident last night with knowledge of board deliberations, stressed that no decision has been made about how the board intends to proceed, if at all.

Asking that he not be named because of the intense level of debate and commentary, he warned against any definitive notion that the pole will be allowed to remain in place uncontested. He described the dropping of legal action as an effort to calm nerves and allow some state of normalcy to return to the community.

"We are a community of older residents," he said, noting that some board members are veterans and that American flags hang from many porches. "Some of us in the community have received death threats. Some board members have received up to 200, 250 telephone calls a day."

Sussex Square disclosure documents, signed by Barfoot when he moved into the community, do not prohibit flying a flag but require specific approval for a flagpole or any outside structure. Angled staffs attached to homes are not considered free-standing poles.

Barfoot, though, a Medal of Honor recipient who has won support from U.S. senators, congressmen, Gov. Timothy M. Kaine, the White House, military groups and thousands of postings on Web sites and media outlets, indicated he’s a long way from any consideration of surrender.

"I sleep well at night, and in the morning when I raise our flag, I know it will be a good day for America," he said yesterday.

At a Henrico Board of Supervisors meeting yesterday, there was some hesitancy about stepping into the flagpole controversy.

Supervisor Richard W. Glover said that because the matter "has become a national issue," there may be a need to pass an ordinance "that would say that an American flag can be flown anytime, anywhere."

County Attorney Joseph P. Rapisarda Jr. said he would look into the question but described it as "a private issue dispute."

Earlier this week, County Manager Virgil E. Hazelett wrote a response to Roland Six, a disabled combat veteran from New Hampshire, who asked him to intervene.

Hazelett said the county does not have an official position on the pole controversy.

"Henrico County is proud to be the home of a Medal of Honor recipient," he wrote Six on Dec. 7. "We look forward to a resolution of this dispute that will honor our country and Colonel Barfoot while respecting the rights of his neighbors."

Contact Bill McKelway at (804) 649-6601 or bmckelway@timesdispatch.com .

Staff writer Luz Lazo contributed to this report.