PHOENIX, Arizona - August 25, 2010 - An Arizona man fighting to keep a historical American flag flying outside his home vows he will not take it down unless ordered to do so by a judge.

Andy McDonel of Leveen, Arizona, says he received a letter on August 6 from his homeowner’s association, Avalon Village Community Association, instructing him to "remove debris" from his suburban Phoenix home within 10 days or face a $25 fine.

"They were talking about the Gadsden flag," McDonel told Fox News on Wednesday. "I fly it to honor the Founding Fathers of America, you know, the perseverance they went through. They sacrificed their honor, their lives and their fortune to establish this great nation."

The yellow Gadsden flag, which depicts a coiled snake and the words "Don't Tread on Me," was designed by American statesman Christopher Gadsden and first appeared in 1775. It has been reintroduced by numerous groups - most recently by the Tea Party movement - as a symbol of American patriotism.

Calls seeking comment from the Avalon Village Community Association were not immediately returned early Wednesday.

McDonel says he's been told his 3-by-5 flag doesn't meet requirements, but he cited Arizona statutes that allow for the display of U.S. flags, military flags, the Arizona state flag or tribal nation flags. Unless a judge or a relevant authority orders him to take the flag down, McDonel said, he'll continue to fly it.

"This falls under a military service flag," McDonel said. "I think they're associating it with a political movement going on right now. The history and significance of the flag far supersede any political movement."