Kaila White

The Republic | azcentral.com

A rainbow flag poking out over the top of a block fence in a small Tempe apartment complex has drawn attention to its owner, an Arizona State University student who says he was asked by his landlord to take it down.

Jorge Emiliano “Nano” Rodriguez, 22, received a letter from his landlord Wednesday stating he must remove the flag because "the nature of the flag you are displaying could unfortunately promote negative reactions and possibly harmful retaliation to tenants and property."

Rodriguez posted the letter to Facebook and it has spread across social media in the days since, outraging many who see it as discrimination. A spokesman for the American Civil Liberties Union of Arizona said the demand might not be legal.

A show of support for Orlando, rejected

Rodriguez, an ASU junior in electrical engineering who identifies as gay, put up the flag June 13, the day after the mass shooting at an Orlando nightclub that left 49 people dead, many of them LGBT.

He lives in a duplex and propped the flag up against the fence in the front corner of his yard so it hangs over the side, visible to people passing on the sidewalk or driving on University Drive.

"Putting up the pride flag gave me comfort, and it was to show solidarity with Orlando and just kind of pay homage to all the lives that were lost," Rodriguez said.

When he went to deliver rent to his landlord, Mary Sperl, he said she confronted him about the flag.

"She said, 'Regarding the flag, that’s something that shouldn’t be displayed. It doesn’t need to be out for everyone to see. If you want to support that cause, it's best to leave that at a parade,’ ” according to Rodriguez.

He was "very annoyed, upset, kind of appalled" at the interaction so he checked his lease, thought her reasoning wasn't valid, and left the flag up.

The letter: The flag isn't safe

Rodriguez said Sperl visited his apartment Wednesday to deliver a letter stating that he and his roommate must remove the flag under the terms of their lease, which states the “tenant shall at all times keep the premises clean, safe and shall carefully maintain the structure, fixtures, furniture, appliances, equipment and plants on the premises.”

"While I understand the position that she’s in, I feel that her argument is a little biased and slightly homophobic," Rodriguez said.

"I do completely understand that there are people who don’t agree with homosexuality and we live in a conservative state, but to imply that a gay flag is going to bring harm and damage to your property, that’s a little out of hand and a little uncomfortable and I feel personally targeted."

Attempts to reach Sperl for comment were unsuccessful.

ACLU: Landlord’s letter ‘isn’t a good policy’

Landlords have the ability to restrict unsightly practices such as keeping a bike on a balcony or hanging clothes on a fence, but this situation does not seem to fall under that power nor under the terms of the lease, according to Steve Kilar, ACLU of Arizona communications director.

“I would say there is no reasonable interpretation of the clause quoted in the letter that would prohibit the tenant from hanging a rainbow flag or any kind of flag," he said.

“It’s certainly true that people who are or are perceived to be gay or trans are at a greater risk for being victims of violence, but it really should be left up to an individual and not their landlord to decide whether or not they feel safe identifying as a supporter or member of the LGBT community.

“In the end, in this situation, whether or not it’s legal for the landlord to ask the tenant to remove a rainbow flag, it isn’t a good policy to do so. To me it seems this is a landlord who is uncomfortable with gay people and is trying to assert control in order to reduce her own discomfort," he said.

“Attempts like that to keep people in the closest is exactly why the rainbow flag was created: to increase visibility in the community."

What happens next

Many people commenting on the letter have noted the Fair Housing Act, a federal act protecting a buyer or renter from a seller or landlord's discrimination. Ed Cabrera, the regional spokesman for the U.S. Department of Housing and Urban Development, said the act would not apply in this case.

"Sexual orientation is currently not a protected class under the Fair Housing Act, so we, at the federal level, would likely not have jurisdiction over this," Cabrera said. "That’s not to say that won’t change; I think in the future we’re hopeful the act will be amended to include sexual orientation."

However, the city of Tempe has an anti-discrimination ordinance under which Rodriguez could file a complaint. Arizona Attorney General’s Office spokeswoman Mia Garcia also said her office would like to look into the matter if Rodriguez files a complaint.

Rodriguez said he plans to keep flying the flag until there’s a legal reason for him not to. He said he will pursue help from organizations if Sperl continues to tell him he must remove it.

“I just want to be able to fly my flag and I want justice. I know no one was shot or anything (over the flag flap), but I feel like it’s uncalled for. More than anything if nothing else comes out of this, I want to bring attention to the subject.

“It’s little things like this: This is what racism is. This is what bigotry is. People do these things every day and get away with it. I wasn’t going to sit by and let someone walk over me.”