> -----Original Message-----
> From: Paul Christensen
> Sent: Saturday, April 20, 2002 10:34 AM
> To: Brian Hemmis; towertalk@contesting.com
> Subject: Re: [Towertalk] ABC Home Owners Assoc Expose
>
> Reform is a legislative issue, not a judicial issue regardless of
> the number of attorneys who sit in Congressional seats. This is
> the reason why the FCC correctly deferred the ARRL's recent
> preemption petition to Congress...precisely where it belongs.
Paul,
You're only partially correct (if I may argue with a lawyer on a legal
issue). If the laws concerning Homeowner Associations (or private
contracts) permit actions which are unconstitutional ... limit
free speech (First Amendment) , due process (Fifth Amendment) rights
or are subject to federal preemption, e.g. interstate commerce (Article
1, Section 8), then the reform becomes a judicial issue and the law(s)
in question must be struck down.
While I support reasonable homeowner association rules, I believe anti-
antenna CC&Rs should be struck down as violative of (1) free speech
rights, (2) due process rights, and (3) improperly intruding into an
area of federal primacy (interstate/international commerce).
There is a reason to call the judiciary (and thus the lawyers) to task
for allowing the homeowner association mess to continue unchecked.
73,
... Joe, K4IK
|