Wednesday, September 1, 2010

Homeowner in AZ told to remove Gadsden flag

And surprisingly enough, the ACLU is filing a lawsuit to prevent it from being taken down by Andy McDonel(homeowner) homeowner association.

Arizona has a state statute that allows Arizonans to fly "the Stars and Stripes, the state flag, flags representing Indian nations as well as the official flags of the Army, Navy, Air Force, Marines and Coast Guard," the Times reports.
McDonel's homeowners' association is strictly interpreting that law to ban the flying of any other flags, including the Gadsden.
The flag is named after Col. Christopher Gadsden, a Continental Congress delegate from South Carolina. The flag was flown by the Navy in 1775 -- but owes its design to the famous "Join or Die" icon that Benjamin Franklin created in the 1750s to promote unity among American colonists.

From around the country, it's a similar situation.
-Eric Smith of Thornton, Colo., said he and his neighbor were sent a letter by their homeowners' association that said "Tea Party flags are not permitted. Please Remove." They were threatened with a $100-a-month fine for flying the Gadsden flag.
-Meanwhile, a group of retired Marines in Connecticut is fighting for the flag to be flown over the state Capitol, after the Capitol police denied their request because the flag is not the official Marines flag.
"I'd learned about in the Marine Corps. It's one of the first, if not the first, Marine Corps flag," retired Marine Patrick Rubino told "They even flew it over our bases in Afghanistan and Iraq while I was there."


Anonymous said...

personally i hate Homeowners associations and would not live in anywhere that has one. But once you accept to move there you agree to live by the rules and follow the rule of law.

I looked up the references to the Flag and it was not a huge part of the continental Army, Navy or Marines. The Grand Union was the official flag of the continental navy. It was however part of the South Carolina legislature.

If he was really looking to bear witness to our founding fathers the Grand Union or the Betsy Ross would be more appropriate.

And i think he lied on the interview, he's flying it as a symbol of the TEA PARTY.

innominatus said...

Gee, if the ACLU does about 5000 more things right they'll be close to making up for all their stupidity.

Unknown said...

True Joe, it was not a huge part of the Navy, but it once was before our independence.
And he was compliant with the Association rules, as stated in the video and it's not up to the association in enforce the state law.
Not everyone who flies this flag is a Tea Party Patriot. I know people who fly it who are not. They fly it because they feel their liberties and freedoms are under attack.

Unknown said...

Yeah, they would be getting a step closer, Innominatus and have a LOT of ground to cover to get back to a respectable level of normal intelligence.

Chris said...

I also can't stand home owner ass. I read a left wing blog that said these home owner ass. are racist in nature. Their thought was that most minorities are not so good at keeping their properties clean and that these ass. are a way too keep out minorities. It amazes me that the left are so racist and don't even know it. I have black neigbors as well as white and the nicest houses on the street are owned by blacks.

Ray said...

I caught this story the other day and it's really somewhat ridiculous but they seem to say get the wording changed in the goofy statute and it would be fine.

We hang Bears Banners all the time from houses in the Winter around here right? Same thing essentially only the Gadsen is more historic of course.

Upside down world we live in... so again we have a worthless law essentially like most. They write em but don't read or think about em.

Christopher - Conservative Perspective said...

Wow, I agree with JoeC inasmuch as homeownwer associations is concerned, the dislike of them that is.

They, the assoc.'s are like micro socialist regimes much like the current White House and poliburo we have right now. They represent nothing less than restricting or completely eliminating personal freedom's.

Just wait for the associations implementing Sharia Law!

Unknown said...

Chris & Christopher I think this asso. is un-patriotic. It's ridicules of them to think that somehow the asso. has the right to enforce law. I am sure Gov Brewer would pardon this guy if he was charged. :)
Ray- Yep I hung Wings banners from my house in MI and will hang a Blackhawk banner from my house in IL.
This is really a freedom of expression issue with in the confines of your private property, too.

Unknown said...

I live in a subdivision that has a HOA and I use to be on the board. I prefer that rules as our sub is clean and doesn't allow people to keep every piece of shit car, RV, trailer or what have you on their properties.

Other subs in our area that don't have a HOA and rules are trashed with all sorts of crap, people just can't seem to keep their properties clean without a HOA.

So our property values stay higher than other subs.

One guy brought in a RV Bus and parked it in his driveway for months on end and would not remove it. We had to sue him to get it out, he went all the way to contemt of court and almost went to jail, this was very costly for him.

We have a signage clause, but it is mostly not enforced as we believe that constitutional rights of free speech trumps our rules.

Yea, ist's a bitch having this HOA, but the alternative is worse, people just don't have respect for themselves, let alone their neighbor.

Anonymous said...

Wow, a rightwing argument for big government. Didn't expect that here. Basically HOA's are big government on a subdivision scale correct? People can't be left to their own devices so the gov/HOA must step in.

lol... Maybe i'm against big government...

Unknown said...

It's NOT a rightwing argument, it is a fully sober understanding and agreement when you buy a property within these HOA and you have the 'freedom of choice' to NOT to buy a property within the organization!

As with this story, there are some who buy a property fully understanding that the property's title is 'bound' to the HOA rules, yet they want to have it both ways and break the rules that they feel is not jusified.

HOA are made up of 'homeowners' who agree to certain situations within their organization.

These HOA organization are set up by the developer and all who buy property within the boundries of the organization are made aware of the rules, in writing.

It is not rightwing, leftwing, libertarian, or anything other than 'what the homeowners 'agree to'.

Again, your constitutional rights trump the HOA rules in my rightwing opinion, but I am glad to be in a HOA so my property values are protected from morons who don't give a shit about themselves or others!