Back in September, my wife Cheri and I walked to breakfast at a downtown restaurant. On our way home, we happened upon the about-to-begin Labor Day parade. Some of the organizers were handing out yard signs that said “Health Insurance Reform Now.” Cheri requested one from a volunteer and put it up in our front yard. As CEO of an organization with nearly all women employees and, therefore, with very expensive insurance, health reform is very important to Cheri.
A few weeks, later, we received a letter in the mail from the company that manages our neighborhood association. The letter was copied to all the members of our neighborhood association. It asked us to remove the sign. It said the only signs allowed in our neighborhood are real estate signs.
During last fall’s election, we had signs in our yard for political candidates. No one complained. But somehow, health insurance reform struck a nerve that neither Republican nor Democrat candidates could match. I also found no reference to signs in my copy of our neighborhood covenants. Nonetheless, out of respect for the offended party or parties, I removed the sign.
Should I have done so? In a nation with guaranteed rights to free speech, should any of us be limited in what we can and can’t advocate on our own property? If so, what’s out of bounds and why?
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Bruce,
If there were no provisions in your covenants, which you agreed to when purchasing the property, regarding such signs then it is within your personal rights to leave the sign. At least the sign does not contain offensive language and it is merely your rights to express your opinion, no different than you putting a Chicago Bears poster, or fill-in-the-appropriate nonColts team, in your front yard! We have a neighbor that after the election has continued to display not one but two “Buck Ofama” signs in his garage windows. He was asked out of respect and out courtesy to the rest of his neighbors to remove them. The city was contacted and there is not a thing we can do ignore him. So if you and your wife want to support a worthy cause I’d say go for it. I wish I had one of the signs for my front yard!
My guess is you have neighbors in the health insurance and/or pharma industries who ratted you out.
Somehow I am surprised that you gave in Bruce. I would have made them quote their authority for removing the sign. I would have pointed out that the sign was (I assume) tasteful, not blocking site lines, the size of a real estate sign, in good condition etc.
In addition, I would state if the association decided to pursue this, then they best pursue for all signs including political, happy birthday wishes, new baby, etc,
So after a discussion with them, I would address all this in a letter, copied the neighborhood, politely decline their request and see what the next move would be.
Ultimately, if they get the hammer and you would take the sign down, then a followup letter denouncing the communists that run the association (tic), say nice things about your neighbors, then give the reasons you support Health Reform, and ask them to post their own signs!
So how many insurance company executives do live in your neighborhood? LOL
As a past HOA president for many years I see both sides of this.
I always tell people that if you don’t want the protection and the restrictions that come along with being a property owner in a HOA neighborhood, don’t buy there. If you’re already there, you can change the covenants, there’s always a method in the bylaws to do so, or sell and move.
When you buy property in a HOA neighborhood you are agreeing to follow the covenants. When you don’t follow them, your inactions suggest to your neighbors that you are not a person of honor and integrity. Do you want your neighbor’s respect or their disdain?
Still, complaining to the Board was a whiney petty thing for someone to do. Not like it was a permanent brick install. Cowards go to the Board, neighbors talk to each other.
There is a Supreme Court case presenting these identical facts; however, the rule was governmentally imposed (part of the zoning ordinance). The Court ruled that such laws must be “all or nothing”—if “for sale” signs were allowed, others must be as well. The 1st Amendment requires content-neutrality.
The fact that your rule was imposed by the neighborhood association probably changes the result—no state action. But this is another incidence of the growing “governmental” role these associations play.
My freshman philosophy professor suggested that as an American as well a human being my rights extend to the end of my finger tips. If I wish to swing my arms about no one has the right to stop me.
However, when my fingertips become my fists and my swinging reaches the nose of someone else my limits have been defined.
Everything thing else is just good manners or good sense.
Joseph Michael Essex
Since I know where you live, I can only be left wondering how many of your neighbors are employed by either Wellpoint or Eli Lilly. Or, more to the point, how many employed by Wellpoint or Lilly are on the HOA board. I’m sure you know.
I doubt that any of your neighbors who work for either of those companies would find it anything but laughable if you politely asked that their companies please stop gunking up your television programming with their anti-reform propaganda. Yet you, who is without means to express yourself in such a costly medium, are asked not to express yourself at all.
Hmm.
P.S. To borrow a phrase from my good friend A.J., “man up” and put the sign back out ;-).
Knowing my need to be difficult… I would have kept the sign in the yard. Plain and simple. It is your right as a citizen to display a sign.
@Jason: “I doubt that any of your neighbors who work for either of those companies would find it anything but laughable if you politely asked that their companies please stop gunking up your television programming with their anti-reform propaganda.” -Brilliant
not surprised in the least to hear this…personally I’d think seriously of moving from any place that wants to ‘censor’ it’s residents but of course this is Indiana so it’s hard to escape from the local neighborhood Nazis…I am surprised Bruce that YOU of all people would take down the sign (ok, ‘fess up, it was your wife who made you do it?)…as Groucho Marx said, “I would not join any club that would have someone like me for a member.”
Bruce…. with all due respect–you’re too much of a gentleman. I would have contacted the manager by mail asking them to copy all members of the association, stating your case and left the sign in the yard, at least until you got a reply.
Could it be that you live in the shadow of the AUL tower? Hmmmm?
So Bruce….is there a update to this story? What do you think about these comments?