Quote:
Originally Posted by BrianL99
Reed vs Town of Gilbert doesn't mention HOA's, in any way.
Deed Restrictions are private agreements and the 1st Amendment doesn't apply to private entities, nor does the US Constitution regulate private contracts.
If you paid an attorney for that legal opinion, is it too late to request a refund?
|
SCOTUS doesn't need to restate the power of a constitutional right. A constitutional right is absolute. If you surrender it, you can reclaim it at any time. The most common thing maost people might recognize is related to Miranda. You can remain silent, or waive that right and talk, but you may reclaim the right at any time.
CDDs and ARC exist under Florida State authority. As a government extension, they cannot legally enforce an unconstitutional restriction. Even if a resident does not formally reclaim that right.
If CDDs and ARC are not a state entity, why do they display Florida state license plates? Only state agencies can do that. They are bound by that case. Like it or not.