Quote:
Originally Posted by BrianL99
Here's some reading material for you:
Municipal Bans on Yard Signs ( "In his decision, Justice Stevens acknowledged that towns have the right to regulate signs,"
U.S. Supreme Court Issues Two Decisions Impacting Local Sign Regulations and Flag Policies (City of Austin, Texas v. Reagan National Advertising of Austin (Signs)
This decision involved the Supreme Court’s revisiting of its holding in Reed v. Town of Gilbert, Arizona.
Just a moment... ( In homeowners’ associations: Even if it’s your own house, the rules for displaying political signs in your yard if you live in an HOA may be different than in other communities. That’s because these are technically private corporations (often nonprofits) governed by a board of directors that can set rules for signs.)
Sign Language: Can an HOA Restrict Political Yards Signs? | Fitzpatrick Lentz & Bubba, P.C. ("One of the fundamental precepts which we recognize, however, is the individual’s freedom to contractually restrict, or even give up, those rights. The Cappuccios contractually agreed to abide by the provisions in the Declaration at the time of purchase, thereby relinquishing their freedom of speech concerns regarding placing signs on this property""
Sign Language: Can an HOA Restrict Political Yards Signs? | Fitzpatrick Lentz & Bubba, P.C. (Can I Post my Political Yard Signs?
"Given the nature of the issues involved, before enacting or enforcing covenants relating to signs or political signs, an HOA should consult with legal counsel. Similarly, before an owner in an HOA posts a political sign, they should review any condominium and planned community documents carefully (possibly with an attorney) to fully understand the scope and nature of the restrictions. Ideally one should know this before they purchase the home as a part of their due diligence. In many ways, you are surrendering what you may perceive to be your rights, which may include posting any signage in your yard or even window. "
https://www.hoamanagement.com/hoa-political-signs/ (Is an HOA really stifling your First Amendment rights when they prevent you from displaying a political sign?
"The answer is no. To put it briefly, the First Amendment limits federal, state, and local governments from doing things that stifle freedom of speech. That includes taking action or making laws that would inhibit the rights guaranteed by the U.S. constitution.
However, your HOA is not a part of the government. It’s a private entity, albeit a non-profit one in most cases. Sure, your HOA is subject to the governing rules enacted by government entities. But the First Amendment, by itself, does not stop your HOA from restricting HOA political signs.
A homeowner, as a party to a binding agreement with the HOA, also agrees to adhere to the regulations imposed by the association.)
https://www.siegfriedrivera.com/blog...litical-signs/ ("The key for associations to remember is that restrictions on freedom of speech under the First Amendment apply only in governmental or public settings, so community associations, as private non-governmental entities, are allowed to restrict signage, including political signs, in accordance with their corresponding state law. Some states have enacted legislation specifically addressing the issue, but Florida has not and neither has the state’s Supreme Court addressed the issue specifically."
& before you say that The Villages doesn't have HOA's, that's not a relevant issue. The District did not take possession of ANY private property in The Villages, and were not a party to the contract everyone signed, agreeing to be bound by the Deed Restrictions & Covenant to benefit the Developer. Despite your assertion that you can "reclaim a right you signed away", you can't just "change your mind" about a private contract you signed.
The District would likely be prohibited from adopting a sign regulation that ran afoul of Reed vs Gilbert. The District is not a party to the agreements signed by homeowners in The Villages. |
Your examples are great. However, since a CDD is
not an HOA, everything related to HOA rules is not relevant here. Conclusions made based upon that information are wrong.
A CDD exists a subpart of state government as a regulated agency. Therefore it does fall under the scope of Reed v Gilbert. Therefore a CDD cannot do anything to restrict speech, and therefore lacks legal authority to take any enforcement actions. The government, and all it far reaching agencies and related organizations, are bound by Reed. Opinions against that are simply wrong.
As far as I am concerned, this issue is closed. Tired of your mis-quotes, invalid arguments based upon invalid criteria, and your attacking attitude (that violates the rules here). The law is clear, and if you choose to ignore it, that's your problem.