Panel expands protected military and service flags for residents, rejects broader 'any flag' amendment

Representative Witte brought forward House File 21 85 to add the National League of Families POW/MIA flag, flags of U.S. armed forces branches, blue star and gold star service flags to the list of flags that homeowner associations, rental contracts or deed restrictions cannot prohibit on residential property. "What this bill does is adds the National League of Families, the POW, missing in action flag, the flag of any branch of the United States Armed Forces, or a blue star service flag or a gold star service flag to the list of those flags that would apply," Representative Witte said.

Chair Freiberg offered a delete‑everything (DE1) amendment that would have simply allowed owners and tenants to display "any flag" subject to a narrow exception for flags that might "incite violence or unlawful activity." Freiberg said the amendment was intended to avoid First Amendment favoritism: "No group is getting favored treatment," he said, and the exception was meant to avoid allowing flags that could provoke unlawful conduct.

Patrick Hines of Messerly Kramer, representing the Community Associations Institute (Minnesota chapter), testified in opposition to eliminating HOA authority entirely. "We would oppose the elimination of the ability of any homeowner association to regulate flags in Minnesota," Hines said, stressing that HOA boards are elected by residents and currently regulate day‑to‑day matters. Hines and several committee members said a narrow statutory expansion limited to certain veterans' and service flags would be more appropriate than a blanket prohibition on regulation.

Members debated the scope and the risk that a broad "any flag" rule would force repeated legislative carve‑outs. Representative Grama, Representative Coulter and others warned the DE1 language was too vague and could trigger ongoing amendments. The committee voted on the DE1 amendment by voice; the chair announced the amendment did not pass. Representative Davis then renewed a motion to refer House File 21 85 to the general register; the motion carried on a voice vote. The bill will move forward to the next stage.

Next steps: HF 21 85 was referred to the general register; further floor action will determine final wording and enactment.