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Laveen man's flag raises First Amendment debate

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Photographer: KNXV
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 08/23/2010

LAVEEN, AZ - A yellow flag has sparked a standoff between a Laveen man and his neighborhood's Home Owner's Association.

"The HOA is in the wrong," says Andy McDonel, who put up the flag in front of his home months ago. "I have the law on my side."

The three foot by five foot yellow flag has a picture of a serpent and the words "Don't Tread On Me", a phrase picked up by the Tea Party movement recently. But to McDonel the flag isn't political, it's patriotic.

"This flag represents the sacrifices made by our founding fathers," McDonel says.

The HOA contends the flag doesn't fit its rules.

They did not return a phone call for comment.

McDonel believes Arizona and federal law let him hang the flag, even though he's facing fines that could kick in a few weeks from now.

"I'm not taking it down. I'll take this as far as it needs to go," he says.

Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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