Then do it. Stand up to them. Take it to court.
Posted on 11/29/2005 7:10:45 AM PST by Mikey_1962
NOVI (AP) - A Christmastime turf battle is being waged in suburban Detroit. A Novi family has been ordered to remove a seven-piece nativity scene from the front yard of their home, or face possible fines of $25 to $100 per week.
The order given to Joe and Betty Samona didn't come from the government. It came from their subdivision association, which said they should have sought permission from the board of directors to place the figures outside their home.
Michigan courts have said homeowners who join neighborhood or condominium associations must follow the rules set by the group.
Dean Williams is the community association's manager. He says a neighbor of the Samonas complained about the nativity scene
(Excerpt) Read more at wwmt.com ...
The Samonas' neighborhood association has ordered the Novi family to remove its seven-piece plastic display or face possible fines of $25 to $100 per week.
The family isn't budging and neither are its three wise men. The Samonas have vowed not only to keep the display, but also are threatening to enhance it."If you take this out, it's not Christmas anymore," said Joe Samona, 16, as he reached down and scooped baby Jesus from the creche on his parents' front lawn.
A letter sent by the association to the Samonas has brought to their front yard the nation's latest skirmish over just how and where the Christianity of Christmas should be on display.
Already this year, religious groups have taken aim at retail giants such as Wal-Mart and Target for replacing Christmas with fuzzier "holiday" greetings, to say nothing of the annual battles over local governments building nativity scenes in the public square.
The dispute also reinvigorates the issue of what rights homeowners have to wear their beliefs on their front yards. When homeowners join neighborhood or condominium associations, Michigan courts have said they must abide by the rules the group sets. Early this year, for example, a judge said a Macomb Township veteran could not fly a Marine Corps flag from the front of his condominium because having it there violated association rules.
Last week, Joe's parents, Betty and Frank Samona, received a notice from the community association that sets regulations in their upscale Tollgate Woods subdivision. It said the family may be violating rules that prohibit lawn ornaments, statues or outdoor art from being placed on the lot without prior approval of the board of directors.
Then it simply says: "Please remove the nativity scene display from your front yard."
Joe, an outspoken high school student, said the family takes great pride in the holiday decorations it pulls out of the basement every year, which also include a Santa and Mrs. Claus and Minnie Mouse and Winnie the Pooh outfitted in red for the holidays.
It's not uncommon for people to stop and take photographs of the nearly two dozen figurines displayed across the hilly front yard among the landscaping and brick paver walkway.
"Please remove your nativity scene? That's the part that disturbs us. We have the lion (statue) and the Santa and Mrs. Claus and they specifically point out the nativity scene? That's ridiculous. We refuse to take it down," he said.
Association sends letter
Dean Williams, the community association manager and author of the letter, said according to association rules in place since 2000 and signed by the Samonas when they bought the home in 2002, homeowners must request permission to place statues or lawn ornaments outside their home. The Samonas say they never signed any such document.
Asked why the letter specified that only the nativity scene be removed when several other objects stand on the lawn, Williams said the complainant -- another neighbor in Tollgate Woods -- complained only about the nativity scene.
"As a management firm, we do not go out and police. The community will decide what will be allowed and won't be," Williams said. "It's a community decision. It's not a management decision."
Williams would not reveal the identity of the complaining homeowner but read a portion of the complaint: "Although I'm not offended by it, I take issue about advertising personal beliefs and interests by putting them on display whatever the belief or interest may be."
Although the letter says fines of $25 to $100 will be imposed if the Samonas do not correct the alleged violation, Williams said he will not be fining the family unless the management company receives a second complaint. The Samona family members said they have consulted with a lawyer, but decline to say whether they would appeal to the homeowner association. If they did, the appeal would be reviewed by the association board of directors, which includes only representatives from the developers and the management company, but no homeowners. If the Samonas were to be fined, and they refused to pay, a lien could be placed against their property.
Retailers defend practices
The Novi debate is a new battleground in what already has been a contentious year for purveyors of holiday trees and season's greetings.
One Christian group, the American Family Association, launched a Thanksgiving-weekend boycott of Target because it said the chain had banished the word "Christmas" from its advertising and store displays. Now it's drawing up a naughty-and-nice list of retailers and their policies on mentioning Christmas to customers.
"We'll let the American people decide for themselves whether they want to support someone who sells holiday trees," said Randy Sharp, special projects director for the group. He said about 385,000 people signed up for the online boycott.
"It's part of a big picture to de-Christianize America and secularize it as much as possible," Sharp said. "People are more aware that the retail industry is trying to do away with Christmas. If they were trying to make their customers happy, they'd use the word 'Christmas.' I think that's pretty obvious."
Target insists it's doing no such thing. A spokeswoman, Carolyn Brookster, said the chain has no policy barring employees from saying "Merry Christmas" to anyone. "We have a holiday theme and that's what we look at. We have different themes from year to year. We don't want to push public policy; that's not what our job should be."
Wal-Mart landed in the crosshairs of a similar complaint this year. A Roman Catholic group announced a boycott because it said the chain's Web site treated Christmas differently from Hanukkah and Kwanzaa, and because an employee's e-mail to a customer called Christmas a mix of world religions. Wal-Mart changed its Web site and apologized for the e-mail, and the boycott was quickly called off.
"It seems, in the past few years, people have noticed how much Christmas has become so secular and they're reacting to that, and we're seeing more and more people making a point to ask that stores mention Christmas," said Kiera McCaffrey, a spokeswoman for the Catholic League.
Nativity scenes a hot topic
Controversies have raged for years over nativity scenes on courthouse lawns and in city parks, and schools have debated how much of the holiday's spiritual message to present to their students.
This year, the American Family Association sent pamphlets to county officials around the country explaining their rights to erect nativity scenes on public land.
"Some people might suggest we're in the midst of a religious revival of sorts, so it's not surprising that some groups would find the public celebration of Christmas to be inappropriate, and not in keeping with tradition," said Sam Thomas, a Michigan State University history professor. "But that's a tough argument to make because traditions are always changing."
Display is family tradition
Every year for the last three years, Betty Samona set up the display the week before Thanksgiving outside her home near Meadowbrook and 12 Mile roads.
She said the display is important to her because it symbolizes what Christmas is about and it's a tradition for her Christian-Iraqi family.
"I cried when I heard what they wanted me to do," Betty said. "How I am going to take out Jesus, Joseph and Mary?" she said, near tears.
"I feel like putting out more things."
Family members say they have received nothing but praise and support from neighbors they know and from strangers who pass by and encourage them to keep the display. On Monday, a neighbor drove by the display and expressed her support for the creche.
Sheryl Walsh, community relations manager for Novi, said the city does not have a local ordinance against holiday decorations and has not received a complaint about a homeowner's nativity scene display in the last decade.
"We are a multicultural community and we afford everyone the opportunity to celebrate the holidays," Walsh said.
Newdow syndrome.
Shoulda read the deed restrictions.
They only want the Nativity scene removed, not the Santa Claus.
Turn it into a live Nativity scene. It will beat the laws set forth by the association and with all the attention this story is likely to get, I'm sure there would be plenty of volunteers for a live Nativity scene. Plus, it would really piss off the neighbors.
They probably joined the association and signed the document at their closing without reading the fine print, as many do.
LIBS: "The only thing we will not tolerate is intolerance...especially when it comes to so-called Christians forcing their views on us..."
Contrary to reports, there is no shortage of idiots in this world.
They should just make a contribution bucket available, with a sign that says, "If you want this to remain, contribute here to pay fines" and they would actually make a profit.
I have no sympathy with the Somona Family. They joined the homeowners association when they brought the house and in doing so, they agreed to abide by the rules. If they don't like the rules, then they should sell their house and move to another neighborhood where they can display anything they want.
They only want the Nativity scene removed, not the Santa Claus.
They only want the Nativity scene removed, not the Santa Claus.
I'd tell them to stuff it and pay the fine. If someone posts a way to help pay the fine, I'll pitch in.
Then do it. Stand up to them. Take it to court.
We received a letter stating that even though there was a waterering ban in the state (due to the drought) our lawns were to remain green. Meanwhile, the common areas looked like crap.
There is a local radio station WRIF raising money to pay the fine.
Homeowners Associations are made up mostly of FITs.
Fascists In Training.
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