Quote:
Originally Posted by Greenhat
There is an argument for the lawyer if I ever saw one.
"Your honor, I understand the purpose of the HOA and am sure they serve a wonderful purpose. However, we are talking about restricting the first amendment rights of a man who risked his life for our nation."
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Private contracts != Government action.
While the government may not be able to restrict certain rights... you sure as all hell can sign them away in a private contract.
From initial very tired read it doesn't sound like he has much leg to stand on "legally." On the other hand the HOA is human and if enough media attention gets involved including as someone mentioned a senator they could very quickly vote to amend the agreement and make an exception.
plus most contracts these days have a clause that says "just because we choose not to enforce our rights in this case doesn't mean we give up the option to enforce these rights in other cases / in the future"
aka if you enter into a contract to pay x amount on y date, but end up paying it late on z date 3 times in a row and the lender doesn't call the loan and accelerate / ask for damages... doesn't mean they can't do it on the 4th time, or to your neighbor that does the same thing.
- Local