Quote:
Originally Posted by devorejh
Call some nurseries or lawn ornament businesses.. I am sure they will have something like this available to put up for Easter. It’s your constitutional right to put up A small white cross if you choose. Deed restrictions do not trump the constitution of the United States
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Why do people keep repeating this claim? Sorry, but you are wrong. Anyone can voluntarily waive their Constitutional protections. We do it all the time. You give up your right to speak when you sign one of those NDA's. You give up your right to work where you choose when you sign an employment contract with a non-compete clause. You give up your right to not self incriminate when you waive your Miranda rights, and the police can legally lie to you to trick you into waiving them. You have no right to drive down my street at midnight yelling on your blowhorn that I need to repent because Jesus is coming, even though your content is religiously based.
So yes, if you sign a contract that says you give up your right to place a cross in your front yard.. you give it up or don't sign the contract. Saying "I didn't know that what I signed meant no cross" is meaningless. If you are unsure about what the contract contains then get a lawyer to read it and advise you before signing. Contacts are enforceable even if they contain restrictions on your rights as long as both parties receive value. Just read your credit card rule about that Constitutional right to a jury trial. You waived that right when you signed up for a credit card.
If you don't like the no decorations in your yard rule, then you have a two choices..
1. Flaunt the rule and hope you get away with it, and deal with the consequences if you don't.
2. Don't sign the contract.
There is no choice 3 that says sign the contract but assume the Constitution protects you.