Legality of HOA claiming harassment on public (not HOA) property

[MyHOASucks]

I have an ongoing issue with my HOA. I park my vehicle on a *public* city street that is not within our condo complex. I have a sign in my rear window that says "**** My HOA". I received a notice tonight that if I don't remove my sign from my vehicle on public property that they will pursue legal action as they're claiming I'm harassing them. I'm pretty sure that A) the First Amendment and B) Cohen V California both back me up. Not only do they have no jurisdiction on a public street, but my speech, as it isn't "threatening" nor "inciteful", is protected. Opinion?

 

[quincy]

I have an ongoing issue with my HOA. I park my vehicle on a *public* city street that is not within our condo complex. I have a sign in my rear window that says "**** My HOA". I received a notice tonight that if I don't remove my sign from my vehicle on public property that they will pursue legal action as they're claiming I'm harassing them. I'm pretty sure that A) the First Amendment and B) Cohen V California both back me up. Not only do they have no jurisdiction on a public street, but my speech, as it isn't "threatening" nor "inciteful", is protected. Opinion?

You mention Cohen v. California. Are you located in California? You failed to name your state.

 

[MyHOASucks]

Apologies for that. Washington state- although US Supreme Court cases carry legal precedence across state lines- don't they?

 

[MyHOASucks]

I like this version of your post better, MyHOASucks. Thanks for changing it.

Yes, your mention of the US Supreme Court was a good one. I thought it might imply your state of origin, too, though. We ask posters to provide their state names because state laws often play a role in the questions that are asked.

From Cohen v. California, the Court said: "The peace of society is not endangered by the profane or lewd word which is not directed at a particular audience."

And, from Baker v. Glover, the Court said: "For those citizens without wealth or power, a bumper sticker may be one of the few means available to convey a message to a public audience."

That said, the use of profane words will often attract unwanted attention.

As Benjamin Franklin said: "Everything one has a right to do is not best to be done."

Thanks for the reply.

At issue isn't the attention factor- the issue is whether the property management company and HOA have legal standing to file a harassment claim based on a sign on public property. I'll run this by our local police tomorrow; I expect that I'll get a laugh and told that it isn't an issue. If I were on HOA property, I understand that they have unparalleled power and can enforce anything they want. I'm not on HOA property. I'm on a city street. Their offense to my vulgarity is not my problem, in my opinion.

 

[quincy]

Thanks for the reply.

At issue isn't the attention factor- the issue is whether the property management company and HOA have legal standing to file a harassment claim based on a sign on public property. I'll run this by our local police tomorrow; I expect that I'll get a laugh and told that it isn't an issue. If I were on HOA property, I understand that they have unparalleled power and can enforce anything they want. I'm not on HOA property. I'm on a city street. Their offense to my vulgarity is not my problem, in my opinion.

Sorry, MyHOASucks. I was editing my post and I managed to delete it somehow.

An issue you might face is if there is any city ordinance that prohibits displaying a sign that uses obscene or profane language. These laws still exist in some areas and can result in a violator being ticketed (not to say that these laws would stand up to a constitutional challenge).

The fact that your HOA finds your sentiments offensive does not on its own justify their attempt to suppress your right to express your opinion on public property. But they can always file an harassment suit anyway.

 

[MyHOASucks]

That's pretty much how I see it, too. I have already consulted with our county's sheriff's office, and they reinforced that my HOA has no legal merit to enforce anything on a public road. Further, the state of Washington clearly defines harassment; my scenario doesn't fall within the confines of the legal definition. They're welcome to take me to court; my HOA is flat broke and unbeknownst to them, in the process of being sued by one of my other neighbors.

Your reply is greatly appreciated. Have a wonderful night.

 

[STEPHAN]

I have a sign in my rear window that says "**** My HOA".

Just curious: What are you trying to achieve? I understand that you are upset for a reason and that the sign might be legal, but what is the benefit of the sign? To feel better?

 

[FlyingRon]

"Harassment" isn't bounded by public or private property. However, I argue that what your doing isn't actionable harassment no matter where it occurs. They're blowing smoke. While they might be able to regulate signage (without regard to content) on the development, the content (and certainly stuff outside the development property) is out of their control.

 

[johnzski]

a published false statement that is damaging to a person's reputation; a written defamation. Check you HOA by laws they trump everything, and if it is not covered in your by laws, send your HOA Board a Cease and Desist letter. If it is covered in your By Laws and you can not defame your HOA then take the sign out of your vehicle.

 

[quincy]

a published false statement that is damaging to a person's reputation; a written defamation. Check you HOA by laws they trump everything, and if it is not covered in your by laws, send your HOA Board a Cease and Desist letter. If it is covered in your By Laws and you can not defame your HOA then take the sign out of your vehicle.

This is not a defamation issue. There is nothing defamatory about the sign.

It does not matter what HOA bylaws say about signs if a vehicle is parked on public property. And HOA bylaws do not "trump everything."

It helps if you understand the legal issues involved first, johnzski, before responding to a thread.

Thanks.