An Arizona man is under fire from his Home Owners Association for flying the Gadsen flag. The Gadsen flag is that famous flag featuring a coiled rattlesnake against a yellow background (pictured) with the legend, “DON’T TREAD ON ME” at the bottom. Recently, the flag has become closely associated with the Tea Party movement.

Homeowner Andy McDonel says the HOA sent him a notice on August 5, 2010 telling him to remove the flag and calling the flag “debris”. McDonel began flying the flag in early 2010. McDonel had been the HOA’s treasurer until he resigned the position in July of 2010.

McDonel appealed the notification and order to remove the flag. His appeal was denied with no explanation.

Prior to this happening in Arizona, Eric Thornton of Colorado received a similar notice from his HOA telling him “Tea Party flags are not permitted. Please remove.” Eventually, that HOA changed its stance and dropped the demand.

McDonel however is gearing up for a fight with his HOA, and is being helped by the ACLU.

Much of the rancor directed toward the Gadsen flag comes from liberals, political parties and others who incorrectly assume they are attacking the emblem of the Tea Party movement. McDonel says he flies the flag because of its historical significance and not to show support of the Tea Party.

Those on the left who associate the Gadsen flag with radical political extremism, however, would be correct. The flag’s original design was adopted from a drawing by a genuine radical. His name was Benjamin Franklin.

According to USFlag.org, “The rattlesnake was the favorite animal emblem of the Americans even before the Revolution. In 1751 Benjamin Franklin's Pennsylvania Gazette carried a bitter article protesting the British practice of sending convicts to America. The author suggested that the colonists return the favor by shipping ‘a cargo of rattlesnakes, which could be distributed in St. James Park, Spring Garden, and other places of pleasure, and particularly in the noblemen's gardens.’

Three years later Franklin printed the drawing (see slideshow) of a snake as a commentary on the Albany Congress. USFlag.org says, “To remind the delegates of the danger of disunity, the serpent was shown cut to pieces. Each segment is marked with the name of a colony, and the motto ‘Join or Die’ below. Other newspapers took up the snake theme.”

Soon the dismembered rattlesnake would be whole again and the motto was changed. It read: "United Now Alive and Free Firm on this Basis Liberty Shall Stand and Thus Supported Ever Bless Our Land Till Time Becomes Eternity." Not exactly catchy, but attentions spans were longer back then.

The rattlesnake symbol really took off with the radicals of the day. It was felt that the rattlesnake was a good symbol of American virtues. Individually its rattles produce no sound, but united they can be heard by all; and while it does not attack unless provoked, it is deadly to tread or step upon on.

The current look of the flag developed during a time of great upheaval, revolt, rebellion and radical thought now known as the American Revolution. USFlags.org says, “The American Revolutionary period was a time of intense but controlled individualism - when self-directing responsible individuals again and again decided for themselves what they should do, and did it- without needing anyone else to give them an assignment or supervise them in carrying it out.”

Colonel Christopher Gadsen of South Carolina was such an individual. Gadsen had seen the coiled rattlesnake on a flag with a yellow background and the words “DON’T TREAD ON ME” emblazoned upon it. He copied the flag and submitted it to the Provincial Congress in South Carolina. There a fellow patriot, Commodore Esek Hopkins the commander of the new Continental Navy adopted the flag. It flew on the Continental fleet when Hopkins’ ships went to sea for the first time in 1776.

In his naval engagements Hopkin’s fleet also carried the first landing of the Continental Marines and they marched into battle with the flag’s rattlesnake and motto emblazoned on their drums.

The Gadsen flag was the first to fly for what would become the U.S. Navy. It was also the first flag to be flown for what would become the U.S. Marines. It was never “debris."

If you’ve forgotten what all the fuss was about in 1776, and why the British were admonished with the “DON’T TREAD ON ME” warning, it was because those 13 little colonies were fighting against out-of-control taxation in pursuit of an ideal. That ideal was to create a new nation built upon individual freedoms.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” – Declaration of Independence.

Beneath that yellow flag, with the rattlesnake, those sailors and those marines fought and died for, the ability to form a nation that would cherish and defend freedom of speech; which is the very freedom which the HOA’s are trying to quash.

Note to all HOA’s: you might be able to tell people that their yard needs to be cut or that their garbage can needs to be moved to its proper place, you might exercise some puny form of control over a homeowner’s ability or desire to add on to his house, but you cannot ever tell an American what to say, how to express themselves, or what to think.

American’s should send a strong, loud message to any governing body, political party, special interest group, or out-of-control HOA that would seek to deny individual personal freedoms. That message should be “DON’T TREAD ON ME”.