Homeowner Association Won't Budge in Laveen Flap Over Gadsden Flag

Categories: HOA Hell

mcdonel andy fox news.jpg
Andy McDonel of Laveen, seen here in his Fox News debut yesterday, has been told by his HOA to stop flying the Gadsden flag

If you don't like rules, you shouldn't have moved in.


That's the message, roughly speaking, from a Laveen homeowner's association in regards to its ban on the historical, "Don't Tread on Me" Gadsden flag.


Following our article yesterday about Andy McDonel, the non-Tea-Party member who likes flying the snake, we received an open letter to the press by a lawyer hired by the Avalon Village Community Association.


The lawyer, Javier Delgado, takes a strict interpretation of the state law we discussed yesterday which prohibits HOAs from stopping residents from flying the U.S. flag or flags of the various armed services branches.


History shows that the Gadsden flag -- or, at least, the rattlesnake-and-motto logo -- was used on occasion by the Navy and Marine Corps. True, that was more than 200 years ago, and the flag takes on a different, more rebellious connotation these days. But it's unclear whether the State Legislature meant only the most current versions of military flags could be flown.

Delgado writes that there are "many historical flags" not mentioned in the state law that can be legally restricted by HOAs. If and when state lawmakers include the Gadsden specifically in the statute, McDonel will be free to fly it, he states.

Lastly, Delgado not-so-gently scolds McDonel and anyone else who thinks they can tell an HOA what to do:

Bottom-line, anyone considering residing in a community association should carefully review the association's governing documents beforehand to ensure that the community is a good fit for them.

 

As we mentioned yesterday, the ACLU is reviewing McDonel's case out of concern that free-speech rights are being violated. No word yet on whether the ACLU will take any legal action on behalf of McDonel.

In the meantime, we noticed through a Google search that a nearly identical case has cropped up in Thornton, Colorado. The neighboring state even has a law just like Arizona's that allows other military flags. Like McDonel, the homeowner in the other case denies being connected to the Tea Party in any way.

Unless someone changes the law, it looks like the rattlesnakes are going to get stomped on.

Click here to read Delgado's letter. 


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5 comments
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piercepola
piercepola

Well, the existing post really discloses something unique about it. And this one really increases my amount of knowledge. Thanks for sharing some authentic inforamtion about Homeowner association.

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Nsdap18
Nsdap18

ANY rules that ANY HOA in this country have regarding display of flags are ultimately OVERRIDDEN by the FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION!!! If this man wants to fly a Gadsden Flag, a Confederate Battle Flag or even a Third Reich Flag, it is clearly within his Constitutional right to do so. HOA's are communists hell bent on making everyone within a community the same, have the paint color on their houses, same mailboxes, etc. and let's not offend anyone. No sir, we do NOT like the rules, we do not have to obey them and we can move where we damn well want to live and display any damn flag we damn well want to on property that we pay taxes on. The United States Constitution says this very clearly. I would like very much to see a case like this going to the Supreme Court. And as far as this yo-yo going around posting personal information on this man, you have that right, but this has absolutely NOTHING to do with free speech rights. You would be better off posting that information on a child support enforcement website.

justthetruth
justthetruth

Before we all go around supporting this guy and making him out to be a hero, let me tell you a little about the "TRUE" Andy McDonel. He is spending all this time and effort fighting over a flag on his house, he read and signed the bylaws from the CC&R's when he bought this house. I wish he would spend this type of effort on his daughter. The one that he has only seen 2 times since last December. Also the same one that he has not paid any child support for in almost a year. The New York Times says Andy is a a logistics operation manager, which is not true he is currently unemployed. Which brings the point if the ACLU is helping him out, why is it he is asking for donations on his personal blog site. To me that just doesn't add up me. He needs to step up and take responsibility as a man and a father and take care of his daughter. I think his time would be better spent trying to take care of his daughter and so the burden wasn't completely her mother that is raising her. I just think his priorities are just all in the wrong place. All these head lines need to read "DEAD BEAT DAD FLYS FLAG"

CAI Chorus
CAI Chorus

♫ There is a place where dreams are scorned, and Bills of Rights are banned.Constitutions don’t apply, in the land of CAI: Never Never Land.

♫ We’ll call ourselves a “business,” but it’s governing we’ve planned,We assume the role we choose, either way you’re going to lose: Never Never Land

♫ You’ll face foreclosure every day thereBut liens are paid in more than goldFor if you decide to stay thereYou’ll wake one day without your soul.

♫ Just pay, obey, and don’t make waves, and follow our commands.You’ll comply at any cost, or your equity is lost: Forever … in Never Never Land.

atk101
atk101

Non teabaggers that want to fly this flag..somehow I seriously doubt it!

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