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 Post subject: Woman fined for hanging peace sign wreath
PostPosted: Mon 11-27-2006 10:05AM 
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Uhh, maybe it's just me, but isn't this an infringement to our right to free speech?

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PostPosted: Mon 11-27-2006 11:09AM 
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First Amendment wrote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


The first amendment only prohibits Congress from making a law which restricts those freedoms. States, counties, cities, and homeowner's associations are free to make laws, ordinances, and rules which prohibit free speech, freedom of religion, etc. They generally do not violate these things as most states have a similar guarantee in their own constitutions. Over time, the Supreme Court has ruled that even though its words restrict only the Federal government, it is binding upon the states and political subdivisions thereof.

Interestingly enough, the Second through Eighth Amendments have wording such as "shall not be infringed" or "No Soldier shall" or "shall not be violated" or "No person shall be held" which mean that these other Amendments are restrictions on all levels of government, not merely the Federal government. They chose their words carefully, and I kind of wonder why they didn't extend the First Amendment protections against state governments as well.

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PostPosted: Mon 11-27-2006 1:22PM 
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Move into a shitty subdivision, you are subject to their shitty rules.

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PostPosted: Mon 11-27-2006 1:34PM 
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It wasn't a rule until people took things the wrong way. She didn't agree to not put up a peace sign wreath when she bought the place, did she?

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PostPosted: Mon 11-27-2006 1:43PM 
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Unfortunately we live in a society where even the most benign of things can be deemed offensive. Just because she/you/I/99.99999% of the nation doesn't think it is offensive, mean that somebody won't.

Quote:
The subdivision's rules say no signs, billboards or advertising are permitted without the consent of the architectural control committee.


That is a peace SIGN, is it not? :lol:

Just to make clarification, I don't agree with it, it is just a great reason to not live somewhere where your decorations can be chosen for you.

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PostPosted: Tue 11-28-2006 2:35PM 
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Dropped the charges.

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PostPosted: Tue 11-28-2006 6:39PM 
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Homeowners Associations have a pretty crazy amount of power. I remember reading a few weeks back about a couple that has been banned from smoking in their own condo by their assoc.

The conclusion? Don't move in anywhere with a homeowner's accociation, if you can avoid it.

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PostPosted: Tue 11-28-2006 6:44PM 
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BigPeeOn wrote:
The conclusion? Don't move in anywhere with a homeowner's accociation, if you can avoid it.


Bingo.

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PostPosted: Tue 11-28-2006 6:46PM 
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BigPeeOn wrote:
Homeowners Associations have a pretty crazy amount of power. I remember reading a few weeks back about a couple that has been banned from smoking in their own condo by their assoc.

The conclusion? Don't move in anywhere with a homeowner's accociation, if you can avoid it.


I was looking at a maintenance-provided community near the racetrack in KCK, and, while I'm not 100% sure that I heard the sales pitch right, it sounded like families with kids under age 18 weren't allowed per the HOA agreement. Apparently it was marketed toward the empty-nester crowd. I pretty much left right after that. Don't get me wrong, I don't like kids and don't plan on having any, but if some family wants to pay me $10 million for my house, I want to be able to say "yes, by all means, where do I sign?", not "oh, I'm sorry, my stupid HOA won't let me sell this to you."


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