Historic Military Flag Tied to Tea Party Tests Limits of Ariz. Flag-Flying Law
A historic ‘Don’t Tread on Me’ flag dates back to the American Revolution, but is now associated with the modern-day Tea Party movement.
So an Arizona man is having a tough time convincing his homeowner association that he should be allowed to fly the historic military flag, reports the New York Times.
An Arizona law allows unit owners to fly the American flag, the state flag, military flags and flags for Indian nations. However, it doesn’t expressly include the Don’t Tread on Me banner, which is known as the Gadsden flag. Hence, the Avalon Village Community Association is threatening to fine Andy McDonel if he doesn’t take it down.
“Should the Arizona legislature expand the Community Association Flag Display Statute to include the Gadsden flag, the association will accommodate Mr. McDonel’s desire to display it,” writes association counsel Javier Delgado in a letter posted on a website for the association.
The American Civil Liberties Union of Arizona is trying to help McDonel negotiate with the association, arguing that his flag is a historic military banner that complies with the spirit of the state’s flag-flying law.
A First Amendment Center article discusses flag-flying laws in Arizona and other states.
Related coverage:
Arizona Daily Sun: “Flag voter caught in middle of Tea Party T-shirt flap “
