LAVEEN, Arizona – September 1, 2010 - There's no way Andy McDonel is taking down his "Don't Tread on Me" flag.

The homeowner’s association in McDonel's Laveen neighborhood told him to remove the yellow banner with the coiled snake from the front of his house.

The HOA called the flag debris and said it broke neighborhood rules.

McDonel, operations manager of a small shipping company, refuses to take it down.

The squabble has picked up national news coverage. Big subplot: The flag's a favorite emblem for the Tea Party movement.

McDonel denies he's trying to score political points.

He said he put up the flag earlier this year as a tribute to the Founding Fathers and to people serving in the military.

"I like the historical meaning of the flag," he said. "This is not political. There's no way I'm affiliated with any Tea Party movement."

Neither side has budged and now lawyers are involved.

Tempe attorney Javier Delgado, representing the Avalon Village Community Association, sent a letter to the media, saying the flag isn't among those exempted by state law from being regulated by community associations.

He said Tuesday that it was too early to say how the dispute would be settled.

He also said the association wasn't going too far in enforcing its rules.

The American Civil Liberties Union of Arizona stepped into the squabble this week, backing McDonel.

The group sent a letter to the HOA, saying the snake banner, also known as the Gadsden Flag, is a military flag and shouldn't be restricted.

"We understand the need for rules and compliance, but it should be tempered with common sense and the law," said Dan Pochoda, the ACLU's legal director in Arizona.

Complicating the matter is the fact that McDonel quit the HOA board in July. He received the violation letter in August.

Delgado, the HOA's attorney, said it's nothing personal. McDonel isn't so sure.

"I don't have 18 cars," he said of how he keeps his property neat. "I don't have a trailer sitting in the front yard. I don't have beer cans outside. Somehow, some way, this has turned into something that should never have been."