9/12/2024 9:27:19 PM
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Section 6: ECC/ARC/CPI Subject: Political Signs Msg# 1211348
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Interesting clarification. Thanks, Bruce.
If I understand you correctly, no Supreme Court decision prevents a Maryland HOA from restricting any and all political candidate signs? This seems somewhat different than the opinion Joe Moore offered the board some years ago. I will try to find that. I recall he also addressed size limitations or lack thereof. So, only Maryland law mandating a 30/7 time frame as a minimum Is applicable. Care to offer any thoughts on OPA taking these sign violations to court even if case would be heard after entering the 30 day time frame? This action would certainly discourage owners from ignoring the violation notices. |
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For reference, the above message is a reply to a message where: The Supreme Court says they are protected speech - except there seems to be some proviso related to properties in HOAs that allow some restrictions on when signs can go up on private lots and when they must be removed. One basic point that bears mentioning -- it is governmental entities (states, counties, municipalities) that cannot infringe on free speech and other constitutional rights. Stated differently, the constitution protects citizens from government action, not from private action. Civil rights laws (statutes) provide protections that are enforceable against private actors in certain contexts (housing and related services, employment, access to facilities, education, etc). But again, private entities like an HOA do not violate the constitution when they regulate speech. This is a distinction that many people don't appreciate when they cite the constitution as a prohibiting regulation of political or other speech by an HOA where they live, or by a private company that may be their employer. In the absence of the Maryland statute that prohibits HOAs from restricting election signs in the period 30 days before and 7 days after an election, OPA could (particularly in light of the sign restriction in the DRs) ban election signs outright, and there would be no free speech/constitutional violation there, because the OPA is not the government. |
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