Byelaws that ban Yard signs

[BrianH]

There was a thread a while ago about a guy who challenged the local govt who were threatening him for refusing to remove his Ron Paul sign from his private property. And he won and they agreed the byelaw was unconstitutional.

A friend of mine has a son in Cleveland Ohio and the police showed up and demanded he remove a yard sign saying a byelaw said they could not go up before a certain time before the election.

Does anyone recall how I could find that thread and get more info for him on the law here?

 

[jonahtrainer]

There was a thread a while ago about a guy who challenged the local govt who were threatening him for refusing to remove his Ron Paul sign from his private property. And he won and they agreed the byelaw was unconstitutional.

A friend of mine has a son in Cleveland Ohio and the police showed up and demanded he remove a yard sign saying a byelaw said they could not go up before a certain time before the election.

Does anyone recall how I could find that thread and get more info for him on the law here?

There is a difference between a bylaw (HOAs) and ordinances (local governments). The ordinances are subject to Constitutional review while the bylaws are not.

We had a sign and the HOA had us take it out of our yard because the bylaws prohibit signs from being in the yard. So, we are going to put the 4x8 signs on the roof. The bylaws do not prohibit signs on the roof. We'll tell them the CCRs will have to be amended by the proper procedure before we take the sign down. We'll pursue litigation if we have to.

 

[greves]

Reason number 603 never to join a Home Owner's Association.

 

[RPinSEAZ]

http://www.firstamendmentcenter.org/speech/personal/topic.aspx?topic=yard_signs

City of Ladue v Gilleo

 

[RPinSEAZ]

Can the police enforce HOA bylaws? I don't see how they can.

 

[ppc1040]

City of Ladue v. Gilleo (1994)

Court struck down a city ordinance that prohibited a resident from putting up an anti-war sign in her window. The decision would reach lawn signs as well.

The sign probably can't be too big. a 32-square foot yard sign was nixed under Oregon's billboard controls in Lombardo v. Warner. The TX Supreme Court did not protect a 8 foot by 16 foot billboard next to the highway, protesting polices searches, but 3 justices dissented, and that case was probably wrongly decided.

Courts have consistently struck down local regulations that have limited political signs at a person's home. There should be cases in every state.

As another poster mentioned, there may be a distinction between city ordinances (clearly unconstitutional) and a neighborhood rule of a HOA. I'll do a little more reading on that question.

 

[ppc1040]

Can the police enforce HOA bylaws? I don't see how they can.

Very good question. My initial response is "absolutely not." HOAs are private law agreements between residents in a neighborhood. HOA rules can certainly be enforced in court, based on rules of contract and land use law. The police can certainly enforce a court order. If the HOA got an injunction against you, the police could come and take the sign down. But I seriously doubt the HOA can call the cops and make you take down the sign without a court order.