Question about my rights

[mikeoj]

I bought a new house 18 months ago. There are problems that have not been addressed by the customer service dept. I drafted a letter stating the facts of my experience with the builder as well as informing the prospective home buyers should check with the local BBB. I faxed a copy of this letter to the builder stating that I would hand it out in front of their models. The builder sent me a certified letter stating, "Any trespassing or harassment of our home buyers will be dealt with in the appropriate manner". My question: Is there a problem with me standing on public property (city street in front of models) and distributing a letter of this nature? The letter does not state my name, the builders name, etc. Thanks for any advice!

 

[Tracey]

Welcome to the world of free speech! The first amendment rules!

You can stand on any public property and hand out any literature or display any signs that contain only TRUE information. As long as everything you say to people or put in writing is true, he can't sue you for slander or libel. You can include the builder's name and yours if you want. (Don't put yours in the letter; you don't want kooks calling at 4 a.m.) You can't harrass potential customers or block their access to the model homes, but you can set out a table and stand there speechifying on your soapbox and wait for them to come over and read your stuff. I don't know about bullhorns though.

Call the city attorney's office and ask if you need to file for any 'demonstration pemits' before beginning this course of action.

Professor IAAL probably knows CA free speech law off the top of his head. Maybe he'll tell us all.......

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[mikeoj]

Thanks! I wrote a letter to the builder yesterday basically stating that it is my right to be able to do that. I also encouraged them to take whatever actions they deem appropriate to handle this matter should they still have a problem doint this. Thanks again, have a great day!