Aurora, Colorado 2021-02-23 23:48:55 –
Arapahoe County, Colorado — David Pendery sees his pride flag as a sign of unity and welcome.
“It’s your standard pride flag and the standard size you’ll get,” Pendery said. “We sometimes raise the American flag. We sometimes raise the Colorado flag, just as people raise the sports team flag.”
The flag and its meaning have been accepted by Whispering Pines, a neighborhood in his Arapahoe County.
“Our neighbors have completely welcomed my family here — my husband and our two children,” said Pendery. “Great neighborhood. No problem.”
But it wasn’t his neighbor who found his flag inadequate. His management group disputed when he posted an image of the front of his house on Facebook.
“It had full support, people said’it’s great’. It was the subway district that didn’t think so,” he said. “They have the power to collect property taxes to cover the district assets of debt raised for infrastructure and more.”
After months of discussions with Whispering Pines Metropolitan District # 1, he has sought to protect what he considers to be the rights of the First Amendment.
In this battle he gained a powerful ally.
“This case highlights the problem that so many Colorados are silenced by these neighborhood rules. It is mainly enforced by the Homeowners Association,” said ACLU Colorado, who took up the case. Mark Silverstein, General Manager of the Legal Department, said. “We believe Mr. Pendery has the constitutional right to raise the flag.”
The problem is that the HOA in Colorado has had several recent problems limiting signs and flags that can be thrown out of the house.Recently, a woman in Lyttelton Engaged in a battle similar to her HOA To allow her to fly the Black Lives Matter flag outside the house.
“Homeowners have bought a home and are probably not even aware that they have essentially waived their right to freedom of expression,” Silverstein said. “Currently, there are thousands of Colorados who are silent because they live in these restricted areas.”
ACLU has set up an email hotline at HOAfreespeech@ACLU-CO.org for Coloradans who live in a similar situation.
However, Pendery believes his proceedings are even stronger because Whispering Pines Metropolitan District # 1 is the public governing body.
“They have different structures. They are governed by Colorado law and are actually quasi-government agencies,” Pendery said. “This is, in my opinion, a government agency that violates freedom of speech.”
ACLU helping Arapaho County man sue his metro district over flag rule Source link ACLU helping Arapaho County man sue his metro district over flag rule