One homeowner in Colorado has won the right to fly the Gadsden Flag but another in Arizona continues the battle.

Thornton, Colorado resident Eric Smith has won his battle with the East York Villas Homeowners Association and will be allowed to fly the Gadsden Flag without harassment.  To the southwest in Laveen, Arizona, Andy McDonel is having a much tougher time and has enlisted the help of the ACLU. 

Both men fought for their right to display the bright yellow Gadsden Flag bearing a rattlesnake and the phrase “Don’t Tread On Me.”  The flag is steeped in history going back to the founding of this nation and has been used by the United States Navy and United States Marine Corps over the past 235 years.

Their homeowners associations (HOAs) however saw the flags as political speech and as symbols of the Tea Party.  The groups sent Smith and McDonel letters demanding the flags be taken down.

This past week Smith learned that his HOA would no longer press him on the issue and he would be able to proudly fly the flag.  Lawyer Elina Hindley who represented the HOA sent a letter stating, “Please be advised, we have discussed this situation with the board of directors and the board has decided to allow the Tea Party flag to remain displayed on your property. Thus, you may disregard the request contained in the original letter.”

It appears McDonel’s disagreement will be a much longer and drawn out process.  The Avalon Village HOA told McDonel that his flag must come down and classified it as “debris” under the “garbage” section of the covenants.

In a letter from their lawyer last week, the association maintains that the Gadsden Flag does not fall under Arizona’s Community Association Flag Display Statute, a law enacted to ensure residents within covenant controlled communities could fly flags. 

McDonel has refused to comply and his case has received a great deal of publicity from not only local Arizona news outlets but FOX News and the New York Times as well.  The American Civil Liberties Union (ACLU) has sided with McDonel and sent a letter to the association on McDonel’s behalf. 

The ACLU argues that the Gadsden Flag’s military history affords it protection under Arizona law.  They point out that a previous disagreement between a homeowner and an HOA over the Gadsden Flag in 2003 was the driving force behind the law.

McDonel is chronicling his fight with the oppressive HOA on a blog and has vowed to keep the fight going.  Today he told the Times, “It’s a patriotic gesture.  It’s a historic military flag. It represents the founding fathers. It shows this nation was born out of an idea.”

I find it interesting how on one hand the left is dismissive of the Tea Party, 9/12′ers or individuals that they think might be a bit too much on the side of the United States Constitution.  On the other hand however there is obviously a sense of fear as episodes like this show.  They worry about a possible revolution - and maybe they should indeed be scared.

Update, 9/2/10, 5:55am – Mr. McDonel is now being represented by Dessaules Law Group in his battle against his HOA.  Attorney Jonathan Dessaules has submitted a letter to the representative of the Avalon Village Community Association taking them to task for pressing  a case against McDonel for flying the Gadsden Flag. 

Most eloquently, the closing of the letter states:

The right to fly an American or military flag of their choosing out of deep respect for those who risk their lives for freedom is not among those rights to be surrendered for the sake of neatly manicured lawns and other benefits an association offers.

Head on over to McDonel’s blog for all the latest in his battle. 

The Gadsden flag flew during the first mission of the United States Navy in 1775. One Thornton HOA says that it can't fly in our neighborhoods today.

The history of the Gadsden flag and its coiled rattlesnake and “Don’t Tread on Me” motto can be traced back 235 years to the birth of our nation.  Despite its distinguished past rooted in Americana, Thornton homeowners in one Homeowner Association (HOA) controlled development are being told to take them down.

None other than Ben Franklin admired the rattlesnake noting that, “She never begins an attack, nor, when once engaged, ever surrenders: She is therefore an emblem of magnanimity and true courage.”  Paul Revere went so far as to add it to his newspaper the “Massachusetts Spy.”

In 1775 the Continental Congress established the United States Navy to help fight the burgeoning war for independence.  Continental Colonel Christopher Gadsden presented the bright yellow flag with the rattlesnake to Commodore Esek Hopkins, the newly minted commander-in-chief of the Navy, as he was to set sail on his first mission.

Since that time, various versions of the Gadsden flag have flown proudly across this great land.  After a hiatus, the United States Navy started flying the Navy jack after the September 11^th terrorist attacks.  This flag is a direct descendent of the Gadsden flag. 

The navy jack traces its roots to the Gadsden flag and flies proudly over United States Navy vessels today.

According to 9News, Thornton homeowner Eric Smith and his neighbor have been flying the Gadsden flag for nearly a year.  Both recently received a letter from the East York Villa’s Homeowners Association saying, “Tea Party flags are not permitted. Please Remove.”

• Video: Watch the 9News report below

In 2005 the Colorado legislature passed Senate Bill 100 which protects the flying of the American flag and military flags – even in covenant controlled areas.  It is unclear whether the fact the Gadsden flag traces its roots directly to the United States Navy qualifies it as a military flag despite its use as a Tea Party symbol in the last year or two. 

Certainly there is little doubt that Mr. Smith’s flying of the flag has offended the liberal sensibilities of his neighbors.  Given that we live in left-wing dominated Adams County it is actually a bit surprising it has taken them a year to complain. 

I too proudly fly the Gadsden flag 24/7 and I freely admit that despite my being a proud veteran of the Navy, I don’t do it because of its military history.  I fly it to express my disdain for the current state of affairs in our nation – something which of course is well documented on these pages.

In the case of Mr. Smith, he says he is a registered Republican and doesn’t appreciate it being called a “Tea Party flag.”  That may be the case but unfortunately this is what happens when a homeowner lives in an HOA controlled development. 

HOAs have their good points but certainly we have many times seen them overreach and tread on (pun intended) their residents.  These neighborhood Nazi’s are more than willing to step all over the 1^st Amendment and anything else that gets in their way. 

I certainly sympathize with Mr. Smith and wish him luck in his fight with the HOA.  However, homeowners are well aware of the covenants that are in place when they buy a home.  If they failed to read them or fail to adhere to them, that is their fault and not the HOAs.

Waiting, waiting, and more waiting for Adams County election results.

Slow election results from Adams County have become the norm rather than the exception with final results not arriving until well after polls close.  Despite years of problems nothing has been done to fix the problem and now county officials are being preemptive in issuing excuses for the 2010 elections.

Final results in the 2008 election weren’t posted by Adams County until 25 hours after polls closed.  Last year the county reported results 23 hours after polls closed taking four times as long as the next slowest metro area county.

Adams County Clerk and Recorder Karen Long told the Denver Post today not to expect any improvement.  “We are really encouraging people to get their ballots in early. You can have all the planning in place, but when you get buried on the last day, it delays the results,” she said.

Despite years of ineptitude counting ballots and being unable to give its citizens timely and accurate results, the county appears to have done nothing to correct the problem.  Instead, they have taken the tact that excuses will make folks feel better about their elected officials’ inability to do the job they were hired by the voters to do. 

Looking back:

• 2009:  23 hours after polls close, Adams County finally has results
• 2009:  Adams County continues to show ineptitude at counting ballots
• 2008:  Adams County responds to slow election results
• 2008:  Adams County ballot counting brings up the rear – again

Which one to choose - Scott McInnis or Dan Maes? Neither!

I have just sealed up my Republican primary ballot and it will be going in the mail today.  Most of the races we have only one choice but for some we have to make decisions and for me, it was not a matter of selecting a candidate but rather choosing to not select one.

In the race for Colorado governor we are to choose from Scott McInnis or Dan Maes and to put it frankly, neither is worth the ink spent to fill in the bubble on the ballot.  The image you see to the right is exactly how my ballot looks as it is being sent in. 

I have written before that I am sick and tired of having to choose between the lesser of two evils and that is what this primary race is.  It is time to take a stand and send a message to these two candidates and to the state GOP that we will not accept either as our nominee. 

Scott McInnis’ use of plagiarized material in essays he supposedly wrote and his subsequent attempt to shift blame are simply unforgiveable.  This is not a man I can vote for – period.

The other choice, Dan Maes, is a bit tougher of a call.  I feel like I should like Dan Maes but here I think we have a case of a man who is simply in over his head.  The leap to the governor’s office is simply too big for Maes at this point and he would be a lamb to the slaughter in a battle against Democrat John Hickenlooper.

Why leave it blank?  To send a message that neither of these two represent my views or views of Republicans and conservatives.  Neither McInnis nor Maes can beat Hickenlooper and whichever wins the primary needs to withdraw their name so that a committee can select someone who can win and who has the right skill set and belief system to lead the state. 

My hope is that when they see the number of undervotes on the tally, they will realize they can’t win.  The gubernatorial race in Colorado is important – too important to entrust to either of these two candidates or the state GOP and Dick Wadhams. 

The other big race – United States Senate

In the race to challenge either Michael Bennet or Andrew Romanoff, the Republicans are choosing between Jane Norton and Ken Buck.  I believe either of these two will be good candidates and match up well with the Democratic nominee.

Norton and Buck seem to have the “right” stuff and I look forward to one of them taking a seat in the Senate chambers. 

A little race but an important one – Adams County Sheriff

I did leave one other race blank on my ballot – that of a selection for Adams County Sheriff.  Here there is only one candidate and the choice would seem simple.  However, Mark Nicastle is only on the Republican primary ballot because of a change in political affiliation.

He did not make the change because of any philosophical difference with the left or because he felt his political beliefs were more in line with Republicans.  Nicastle is a lifelong Democrat who switched parties so he could run against Democrat and current sheriff Doug Darr. 

The Adams County GOP should never have welcomed a carpetbagger and they too need to understand we are tired of plugging our nose when voting. 

The rest of the slate

In most of the other races there is only one choice and all seem to be good candidates and should represent the party well.  Returning Colorado to its center-right roots is critical and these men and women need to carry forth a message that conveys the importance of  stopping the slide to the left.  Whether at the county level, at the state capitol or in D.C., the time has come to return the power to the people. 

Related stories:

• Politics of self-destruction – Colorado GOP set to turn governor’s office over to Hickenlooper
• Do Republicans have a bigger problem than the Tea Party?
• Let’s talk about ‘electability’ and how it has failed us

A recently launched website tackles problems in Adams County government.

Just in time for elections, a recently launched website called “Adams County News & Views Exposing Adams County, Colorado’s Culture of Corruption” looks to shake up the county political landscape. 

The site, launched by a local Republican activist, is posting stories and commentary related to issues within Adams County government and the local Democratic party.  There isn’t a lot there right now but it is a site worth keeping an eye on.

Visit the site: Adams County News & Views

The cartoon, published in the July 15, 2010 edition, shows a suited man saying, “Budget cuts continue to force staff reductions throughout the entire area.  However, we’ve found the solution.”  He continues in a second pane saying, “Buy flags for the libraries.” 

• Be sure to pick up a copy of the Sentinel to view the cartoon.  Due to copyright restrictions we can’t publish it here.

The cartoon insinuates that the purchasing of the United States flags and flagpoles took priority over retaining employees.  A casual reader walks away with the impression that someone lost their job due to the purchase of the flags.  Nothing could be further from the truth and the cartoon is entirely misleading. 

The fact of the matter is that the Rangeview Library District is flush with cash and has in fact added staff in recent years.  Thanks to the generosity of Adams County taxpayers not one person with the district has been laid off due to budget issues. 

A more accurate cartoon would have been a drawing of something similar to the image we whipped up with our original story on the topic shown below. 

Perhaps depict a man saying, “Thank you Adams County taxpayers for the millions of dollars per year you give us.  With your money we have bought fireplaces, big screen TVs, video games, spent thousands on marketing a new name, and bought dozens of banners for our parking lots.” Then perhaps a second pane showing Old Glory and the man saying, “We thought those were more important than flying our nation’s flag.”

Why would a majority of Thornton City Council push a pro-union, anti-taxpayer measure?

So what does tens of thousands of dollars buy you with Thornton City Council?  Judging by the actions of some on council Tuesday night, it gets you payback in the form of granting unions inroads to city employees.

City council members that have received significant campaign contributions from organized labor managed to pass a resolution providing “meet and confer” recognition of unions granting them the ability to represent employees in what amounts to something just short of collective bargaining.  These council members pushed this through despite the potential cost to their constituents (you the taxpayer) and the fact that employees had not even asked for it.

• Click here to read the “meet and confer” resolution (PDF)

The public comments part of the meeting (click here to watch the video) was enlightening.  As you watch, one can’t help notice exactly what members of the “public” spoke in favor of the resolution. 

First you had Thornton firefighter Lee Whitner who is coincidentally the local firefighter union president also.  Any guess what she thought council should do? 

Second you had Ken Riley, a representative of the American Federation of State, County and Municipal Employees Council 76 (AFSCME).  The AFSCME of course stands to rake in thousands of dollars in union dues from hardworking City of Thornton employees should they get standing to represent the employees.  As part of the AFL-CIO, they would help AFSCME contribute to the $150 million the parent organization takes in a year from hardworking Americans.

Third, Michael Violette, the executive director of the Colorado State Lodge of the Fraternal Order of Police (a union of course) spoke in favor of the resolution.  The issue was important enough for Mr. Violette to come down from his home in Longmont and state the case to make Thornton taxpayers foot the bill for the unionization of employees. 

That was it.  Notice something missing?  What about those City of Thornton employees?  If collective bargaining is so important to the wellbeing of our employees, don’t you think at least ONE city employee would show up and speak in favor of the resolution?

Moving on to the council discussion on the topic, Councilmember Val Vigil introduced the resolution.  This of course was not surprising given the thousands of dollars unions contributed to his campaign last year. 

As Ward IV representative Randy Drennen noted, many of the provisions in the resolution were already being adhered to under the outstanding leadership of City Manager Jack Ethredge.  Further, Drennen wisely noted that “the driver of this was not coming from those most impacted.” 

Making no sense at all was Eric Tade, also of Ward IV.  He admitted that the city charter already contained the crux of the resolution and said that is why he would vote in favor of the resolution.  Huh?

Thornton Mayor Erik Hansen pointed out that “the resolution is redundant” and as he noted, it isn’t beneficial since many of the provisions in the resolution were already being done.  As Hansen said, if unions want to get in, they should go to the voters and ask for a change to the city charter. 

Councilmember Steve Lebsock, much like Tade, didn’t really make much sense with his argument.  He admitted that employees were not unhappy at all saying, “In fact I hear almost the opposite on a consistent basis that we do have good employees here, that they are happy with their employment, they are happy with what is going on.” 

The vote talley on the union-backed "meet and confer" resolution.

If the employees are happy, who is this resolution really for?  It obviously isn’t needed for the employee as even those that supported the resolution said employees were happy.  It does nothing for the Thornton taxpayer as they are the ones that will foot the bill.  It does nothing for the City of Thornton as a whole. 

That only leaves one conclusion:  Payback.  Unions have contributed thousands of dollars to the six council members that voted in favor of the resolution.  There can be no other explanation than the fact that these members felt they owed the unions something for their money. 

Money in politics is a sad fact of life these days.  Whether the big bucks comes from unions or from businesses, there can be little doubt that it is an influence – and a bad one at that.

The editors of the Northglenn-Thornton Sentinel hit it spot on with their evaluation.  In Thursday’s edition they wrote:

What has us puzzled is why the move was pushed by a member of council, not a staff member or a member of the community. 

<snip>

We remind elected officials of whom they do represent: the voters.

If employees had come forward before council as a whole and requested that council consider changing the way that city management interacts with the rank and file, then the move might be justified.  As it was there was the appearance that one or two council members are moving an agenda forward that may or may not be in the best interest of the citizens in Thornton. 

~ Northglenn-Thornton Sentinel Editorial, July 15, 2010

Related – How much money did unions give to city council members during the last election cycle?  View their finance reports:

• Lynne Fox – 2009 campaign contributions
• Mack Goodman – 2009 campaign contributions
• Val Vigil – 2009 campaign contributions

Is the demand that our nation's flag be properly honored and displayed "BS" and the debate about it "noise about nothing?"

Americans of all colors, creeds, and political beliefs love this nation and they love the Stars and Stripes that serve as the most visible symbol of our collective pride in our country.  Honoring our nation and our flag spans all boundaries – or at least it should.  Unfortunately, it appears the Adams County Democratic Party is seeking to turn the recent debate about flags at Rangeview Library District facilities into a political issue when it was anything but. 

The administrator of the official Adams County Democrats’ Facebook “fan page” left a scathing comment on Thursday, July 1, calling the library flag issue “BS” and saying the furor that erupted was “noise about nothing.” 

Marty’s current focus – setting the record straight with this no-outdoor-flagpole at the library BS and these two-faced Repubilcans [sic] making a bunch of noise about nothing – and that they approved of in the past.
~ Michael Scanlon, Administrator, Adams County Democrats Facebook page

What a sad commentary on how divisive politics have become in our nation and how that has trickled down to within our local community.  Politics were never the driving force behind the debate – it was about financial accountability of a quasi-governmental entity and more importantly about showing proper respect for our flag and honoring the traditions of our nation. 

As the website that led the charge on the issue, I received dozens of emails from people across the nation.  Not one said a word about politics or slandered a political party.  The vast majority of the dozens of comments left by visitors on this site were non-political in nature.  Indeed, some of the emails and comments were sent and left by Democrats.  People simply wanted to see the issue fixed. 

Who stood in defense of the American flag and tradition is irrelevant – or at least it should be. 

The silence from most politicians – on both sides of the aisle – was in fact deafening.  Where were the majority of city and county candidates and elected officials?  Why did so few take a stand? 

So here we have the Adams County Dems who apparently believe the United States flag is not an important issue and the recent debate was “BS” and “nothing.”  Really?  Are you kidding me? 

If this is what they truly believe, then that party is more out of touch with Adams County residents and Americans than I would have thought possible.  I don’t think that most people – Republican, Democrat or independent – would call this flag debate “BS” or think that a movement to honor our flag was “noise about nothing.”  Nothing could be more honorable and worthy than ensuring the symbols of our nation are displayed proudly and done so with respect to the traditions laid down over the past 234 years.   

Over that time men and women have shed their blood on battlefields on our own soil and across the globe in defense of the ideals embodied in the United States flag.  The flag has inspired millions of Americans and an untold number across the globe to devote their lives to upholding the ideals laid down in the document that formed the basis of this Great Nation. 

Failing to properly pay homage to the wise words of the 56 men that signed the Declaration of Independence and not wanting to honor the greatest symbol of our nation is indefensible.  Turning it into a political debate is simply sad. 

Cpl. Larry D. Harris Jr. perished on Thursday, July 1, 2010 in Afghanistan. God rest his soul.

It is with great sadness that I must report that Corporal Larry Harris of Thornton died yesterday in Afghanistan.  The 24-year-old was struck by a roadside bomb while on foot patrol in the Garmsir district of Helmand Province.

From the Associated Press: “The Marine Corps said he was a mortarman assigned to the Marine Expeditionary Force based at Camp Pendleton, Calif. Harris joined the Marines four years ago and was serving on his second combat deployment. He also served in Iraq in 2007. He won several decorations, including a Purple Heart, a Combat Action ribbon and a National Defense Service medal.”

There is little that can be said at a time like this but I am reminded of an extraordinary quote:

Some people wonder all their lives if they’ve made a difference. The Marines don’t have that problem.
~ President Ronald Reagan

Please say a prayer for Corporal Harris and his family – May God watch over them.

The Thornton Veterans Memorial Foundation is asking that anyone with more information about CPL Harris or his family contact them so they can ensure he is properly honored.  If you do, please email info@thorntonveteransmemorial.org. 

• On the net: DoD Press Release

With the 234th birthday of this Great Nation upon us and our community demonstrating just this week how important the symbols of America are, join in a celebration of Old Glory this Saturday.  A group of residents has organized this get-together to celebrate our belief in the importance of our nation’s flag and the special reverance it deserves.

The event will be held Saturday, July 3rd from 12:00pm to 1:00pm at the Huron Street branch of the Rangeview Library system (9417 Huron Street). 

From the organizer’s Facebook appointment:

You may have heard that the Rangeview Library District, in Thornton had refused to provide an American Flag for a meeting that was held in its library several weeks ago. You may also have heard that none of the Districts libraries had flags displayed outside of their buildings. The reason given by the librarian was that they were a “neutral library”. 

After mounting pressure from the public the library has decided to provide flags for their meeting space and to post the flag outside its building. 

We would like to celebrate this victory for common sense by holding a celebration of the history and significance of our flag.

Bring your flags and your families. Remember this is not a protest but a celebration.

Having played a part in ensuring our libraries soon display the American flag as they should have long ago, we take special pride in this event and urge everyone to attend if at all possible.