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.

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