Father of slain Kirkersville police chief files suit against HOA over Thin Blue Line flag

Michaela Sumner, Newark Advocate
·4 min read
259

The father of slain Kirkersville police chief Steven "Eric" DiSario alleged it was a violation of his freedom of speech when his homeowners association issued him a letter instructing him to remove a flag representing their son's sacrifice earlier this year.

Together in a civil complaint, Tom DiSario and the National Police Association Inc. filed a civil lawsuit in U.S. District Court against Omni Community Association Managers LLC and Cucumber Crossing Homeowners Association Inc., Board of Directors.

Tom DiSario began flying a "thin blue line" flag from the front porch of his Cumberland Crossings home in May 2017, after his son was among those killed five years ago in May at Pine Kirk Care Center. He had served the village for three weeks as its police chief prior to his death and left behind a wife, six children and one on the way.

According to the Marshall Project, the phrase "the thin blue line" can be traced back to an 1854 British battle formation, with redcoats forming a "thin red line," but the modern iteration of the thin blue line flag surfaced in 2014 when college student Andrew Jacobs started Thin Blue Line USA after watching on TV as people protested the police killings of Eric Garner, Tamir Rice, and Michael Brown.

The flag has been banned within Maryland district courts, in school districts and by at least one police department, the University of Wisconsin-Madison, in 2021.

On May 13, 2022, DiSario received a deed restriction violation notification from his HOA, advising him to remove the "political sign in the form of a flag" from his property.

In the weeks after receiving that letter, DiSario told The Advocate receiving that letter brought him to tears.

A May 13, 2022 letter from Omni Community Association Managers instructs Tom and Belinda DiSario to remove a thin blue line flag from their property as it violates deed restrictions within their Etna area subdivision. The DiSarios' son, Kirkersville Police Chief Steven "Eric" DiSario, was killed in May 2017 in a shooting at Pine Kirk Care Center. Tom DiSario said the flag is flown to honor his son's sacrifice, but the HOA says it is a political statement.

"To be honest, when I saw the letter that people are fighting over something very valuable to me and personal, I broke down and cried. That's how much it meant to me," DiSario said in May. He explained the flag, to him and his family, represents his son's sacrifice.

Earlier this year, Representatives Tim Ginter, R-Salem, and Kevin Miller, R-Newark, introduced House Bill 712, which seeks to make it illegal for landlords, homeowner associations and others to ban flying the "thin blue line" flag. Ohio's current list of flags prohibited from being banned are the U.S., State of Ohio, service flags belonging to "the immediate family of an individual serving in the armed forces," those honoring prisoners of war and those missing in action. The bill was assigned to committee but has not received a hearing.

According to the lawsuit, DiSario's legal counsel sent a cease and desist letter dated June 27 to the HOA, alleging their instruction for DiSario to remove the flag was a violation of his first amendment rights. On July 5, the plaintiffs received a letter from Omni President David Dye refuting their "inaccurate and self-serving accusations" that the HOA's intent is to "restrict political speech."

On Aug. 10, the NPA and DiSario allege he received a proposed deed restriction amendment notification from the HOA, requesting the owners "vote on an amendment to the section of the restrictions that controls signage in the community, and what types of displays can or cannot occur in the subdivision."

After the proposed amendment failed, the plaintiffs allege DiSario received a series of notices asking him to remove the flag from his property before receiving a Nov. 11 notice that if he didn't emiminate the violation, the HOA intended to impose a "lot assessment...in the amount of $175.00" and a continuing fine of $5 each day.

NPA and DiSario allege the HOA's actions restricted his political speech, which they argue is unconstitutional.

"NPA and Mr. DiSario wish for Mr. DiSario to fly the flag owned by NPA outside of Mr. DiSario's private residence in accordance with both NPA and Mr. DiSario's first amendment rights to freedom of speech and expression," the lawsuit stated. "NPA and Mr. DiSario are suffering irreparable harm in not being permitted to exercise their first amendment rights to freedom of expression as described herein."

Concluding their lawsuit, the plaintiffs ask the court to declare the section of the Cumberland Crossing Deed Restrictions which prohibit their display of the thin blue line flag as unconstitutional; prevent them from enforcing that section; prevent the defendants from any acts of retaliation or wrongdoing; and award any interest, costs and reasonable attorney fees, along with any other relief the court determines appropriate.

Omni Community Association Managers President David Dye declined to comment on the case, citing he hasn't received anything regarding the lawsuit.

This article originally appeared on Newark Advocate: Father of slain Kirkersville chief files civil suit against HOA