SIGNS - Neighborhood Nannies Stole my Political Yard Sign!!

Self | Sept 8, 2002 | Patrick McGuinness

[WOSG]

Today we got a letter from our local Community Service Association. They informed me that according to our community covenants "Signs are not allowed." Sure enough, according to this rather diabolical community 'covenants and restrictions', rule 8.0216, signs are not allowed.

So, in violation of my property rights and free speech rights, The Neighborhood Nazis stole my Political Yard Sign! They didnt wait to ask me to take it down, they just took it!

The sign was for Texas State Senate candidate Ben Bentzin (the GOP candidate of course). It was a not-too-big, neat single sign in a well-kept yard. At least they havent come to take our flags! .... Yet!!!

[WOSG]

I know what they did is in violation of my rights. But how can I stand up for my rights effectively? Does anyone now about precedents at Federal court levels or Texas state level to overturn a community covenant like this that bans political speech? I am told if I want to protest this, I have to request a board hearing.

Here is the best precedent I can come up with: Supreme court affirmation of Eighth Circuit decision that proscription on political yard signs violated First Amendment rights of residents. City of Ladue v. Gilleo, 116 S. Ct. 2038 (1993) : Supreme Court overturns municipal yard sign regulation - City of Ladue v. Gilleo . It ought to be close enought to even clue in the most clueless of the Neighborhood Nazis/Nannies.

[Texas_Jarhead]

Put the signs in your front windows

[JennysCool]

They informed me that according to our community covenants...

You read that wrong. They said "community covens." RUN FOR YOUR LIFE!

[SunStar]

Post signs inside your windows. They can't take those away.

[Sir Gawain]

Booby traps.

[Fundamentally Fair]

I know what they did is in violation of my rights.

Are you a member of a homeowner's association? If so, you gave up your "right" to do as you wish with your property (in many respects).

[VaBthang4]

Place a much larger sign in one of your windows...

That'll teach your local Libs.

[the_Watchman]

I suggest you go on the offensive. File a police report. In most cities it is at least a misdemeanor to interfere with posted political signs. Do not mention the community restrictions.

After the report is filed, then call the association. Do not mention the police report. Get them to admit that they stole the sign.

Call the police and give them the name of the person who admitted taking the sign. Again, do not mention the community restrictions.

Now you have a police record with which to work. If you cannot get the city attorney to deal with it, then get a lawyer.

[Conagher]

Yup. Covenants run with the land. The only thing you can do is maybe get a really big dog.

[Consort]

They informed me that according to our community covenants...

[Conagher]

OOOOOOOOOOOOH! I like!

One caution, though: I think you may be in jeopardy of being charged with filing a false report.

[ladyinred]

They should not have the right to keep you from expressing your political views on your lawn! I would raise heck with them were I you, and get an attorney if necessary. Wouldn't wanna bet that the committee is mostly full of RATS would you?

[tubebender]

Try this simple test...wait a few days and then post the 'rats sign in your yard. If it stays up then you need a lawyer.

[VaBthang4]

Oh yeah...

When you park your car in your driveway....place another sign in your rear window.

If you really wanna show out....airbrush the entire front of your house with the signs design.

Whatever you do...

Dont do nothing.

[Arkinsaw]

My advice is to sell you house and get out while the getting is good. Move to the countryside and then do whatever you want with your own land. Right now you don't own any land, you just paid for the privilege of residing on it.

[billhilly]

Put the opponents sign up and see how long it lasts.

[OrioleFan]

Paint the message on the shingles of your house, kinda like the "Wall Drug" and "See Rock City" signs on barns.

[jackbill]

I don't think that any court has ever upheld any city, town, county or local homeowners' association restrictions on political signs, except perhaps for those inappropriately large. Put it up, get a lawyer and dare them.

I recall that within the last ten years, while I lived on Cape Cod (the bastion of liberalism) a guy put up a sign in his yard, which was adjacent to a polling place, and was within the 100 yard or whatever restriction against "politicking close to a polling place". He WON!! It was his private property and he has a 1st Amendment right.

Put up the sign!

[Brad C.]

Would a "picture" of the candidate be considered a "sign"?