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The flagpole isn t in front of the home in unincorporated Jefferson County. Instead, the pole is mounted in the backyard, where it s visible to commuters on Bowles Avenue, one of the major east-west routes in the area. As a result, thousands of people passing by every day see the display: an American flag flying upside down, in the international symbol of distress, over a Don t Tread on Me banner.
In a neighborhood a mile or two away, a Trump 2020 flag flew alongside the traditional stars and stripes outside a house for more than a month after the homeowners association for the community sent out a letter reminding residents that the election was over and all political displays needed to be removed. The Trump flag finally vanished following last week s big snowstorm, but multiple pro-police Thin Blue Line flags, which some people criticize as racially insensitive (a blue stripe is laid out between two black stripes, with white stripes beyond), continue to wave in the area.
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Against the backdrop of continuing controversy over local homeowners associations trying to prevent residents from displaying flags or signs that support the Black Lives Matter movement, David Pendery is suing the metropolitan district in the Arapahoe County neighborhood where he lives. The suit, filed February 23, argues that the district is violating his constitutional right to fly a Pride flag and post a sign that underscores his family s belief that Black Lives Matter, Women s Rights Are Human Rights, No Human Is Illegal, Science Is Real, Love Is Love, Kindness Is Everything.
Pendery understands that the suit, filed by the ACLU of Colorado in federal court for the District of Colorado, could have the effect of preventing districts and HOAs from banning Pride flags and BLM messaging across the state. But it s also a matter of principle.
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