Homeowner’s Fight Involves Flag Tied to Tea Party

This year, Mr. McDonel began flying a yellow “Don’t Tread on Me” flag on his roof in this unincorporated area just outside Phoenix. The historic banner — which dates to 1775, when it was hoisted aboard ships during the initial days of the Revolutionary War — has been adopted by the Tea Party movement. But Mr. McDonel said that he had unfurled the flag for its historical significance and nothing else.

He notes that the banner, the Gadsden flag, has been widely used over the years and was even featured on the cover of a rock album. “Am I a Metallica fan because I’m using the flag?” he asked.

This month, he received a letter from the homeowners’ association ordering him to remove “the debris” from his roof. It threatened fines if the debris (i.e., the flag) did not go within 10 days. But Mr. McDonel, 32, a logistics operation manager, has vowed to fight the order.

“It’s a patriotic gesture,” he said of his banner. “It’s a historic military flag. It represents the founding fathers. It shows this nation was born out of an idea.”

Yep!

Marines have indeed been carrying and raising our colors since their beginning in 1775.
In his book, The United States Marines: A History, General Simmons writes of The New Providence Raid,
“…on 3 March, 1776, the landing party went ashore…Nicholas ran up the Grand Union flag (not yet the Stars and Stripes)…”

Grand Union Flag
(“…possible that the Rattlesnake flag was also carried on this expedition.”
(MCO P10529.3B)
Don’t Tread On Me
Rattlesnake Flag

First Navy Jack
First Navy Jack

I do not know how many total combat-related flag raisings (and others of note) there have been for the Corps.The following examples are those I have thus far found documented, listed here in random order. In some cases, some text is provided together with links to the source; but generally I have not attempted to directly support remarks and/or pictoral representations with direct links, as I would very much like to do. Why? Well, the Internet is not forever, and it has been my observation and experience that attempting to provide URLs/links to up-to-date websites is fruitless. To be sure, there are many really great websites out there–but they come and go as with the wind–here today, and gone tomorrow. For further information beyond what is found here, I recommend that the interested viewer simply use Google, and/or another search engine, to find those current sites to obtain information in addition to what is available here.

Better look-see @ link below...

http://gunnyg.wordpress.com/2008/12/12/4776/
*****

I proudly fly Old Glory, the Gadsden, the Bonnie Blue, and the Huntington.

We have no “homeowners association” in our neighborhood. We have instead, a neighborhood.

My neighbors have yet to say anything about my flags other than, “Where can I get one of those?”

Can I just say, “I love the South”.

I loathe my neighborhood’s community association (despite, or perhaps because, I used to serve on its board of directors). We are continually wrangling and disagreeing, mostly because they’re fascists and have no taste.

However, I have to point out that before you buy a house, there is more than ample opportunity to examine the neighborhood covenants. At settlement you have to sign paperwork saying that you have read the covenants and agree to obey them. No one is holding a gun to your head and forcing you to sign or to buy there, so it’s a little unfair when someone buys a house in a neighborhood with an active homeowners’ association and then decides the rules don’t apply to him because he’s different and special.

The way to handle a situation like this is to volunteer to work on the community association’s various committees. Get to know the board members, socialize with them, make friends. When you want some modification of the guidelines or covenants to accommodate your desires, it’s easier to get a change passed -before- you get into a legal battle.

And always remember, most of these organizations have a law firm on retainer. You don’t. They’re using your dues to fight you, and unless your last name is Buffett, they can spend more money on legal fees than you can. In my area, you’ll lose a legal fight like this because the judge will say, “Sir, you signed a document agreeing to adhere to these rules. This court considers your signature binding. Don’t sign things if you don’t mean them.”

In a case like this, the HOA may not actually mind the Gadsden flag, but they may be concerned that if they let this violation slide the next guy is going to want to put up a Soviet flag, and the guy next door to him is going to put up a black liberation flag, and the guy on the next street is going to put a big sign on his roof, etc. Legally, this is a legitimate point.

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