Don’t hate the player, hate the game…

This is an update to the WTF? marker moment from a few days ago.

I was happily golfing with my husband earlier when our HOA called. The rep told me that I had to take the signs down because they didn’t support a particular candidate- read: McCain or Obama. I chewed her out for a second due to frustration and finally told her I’d call her after I finished my round. It’s needless to say I was so angry that I played poorly the rest of the round but fuck, I didn’t put a 3 par in without an 8 score and I was literally pissed off to the point of tears blinding my shot so I have to admit the call ruined my game. Emotional distress isn’t something I’d sue over though.

Anyway, I got home and gave the lady a call. I then explained protected speech and told her that I’d be happy to take the signs down on November 5th. She then told me, “Imagine the most repugnant political speech ever, wouldn’t you be offended?” I explained that I’m offended by the idea of McCain in office but I support my neighbors’ right to be stupid enough to support him. (Or something along those lines. It’s hard to recall in verbatim report what you expressed unless it was written.) She said she would have to get with the HOA’s attorney to get their actual position and we agreed to email each other things relevant.

Here’s what’s transpired so far:

To: micheshi@xxyyzz.com
Subject: WW newsletter

Attached is the XXXXX newsletter and ballot that was mailed last week. The only reason you would not have gotten this is if your mailing address is not XXXX YYY Street. The newsletter was received by residents on Weds. or Thurs., and the ballot was received Saturday. If you cannot find the welcome packet, which included all restrictions plus a directory, please let me know. It was in a red folder, and I remember delivering it to your home and speaking with your husband soon after you moved in.

Didn’t get a red package but here’s some red response…

Thank you for the newsletter as it had not been delivered thus far. As far as the directory goes though, we received ours from “AAA aka Nice Neighbor who isn’t you.”

On to the presented issue of political signage: The relevant Texas law is found in Texas Property Code section 202.009. Relevant U.S. law is found in the Constitution of the United States of America, First Amendment. I’m including in this mail the verbiage from the just received “Anytown, USA” newsletter only so we are clear on context.

*One ground mounted sign per candidate, per yard.
*Signs can be no larger than three feet by five feet.
*Signs can not be posted more than 90 days prior to the election and must be removed immediately after the election.
* Signs may not be placed on “Anytown, USA” easements, trees, fences, etc.
*Signs are allowed for candidates and propositions only; no signs expressing political opinions.

After reading the HOA regs on this matter, I’ve determined the following:

Time of display: My signs- as set for display on September 27th- fall into the 90 day pre-election restriction.
Size of display: My signs are standard poster board size and well within the 3′x5′ restriction.
Location of display: My signs are not located on any easements, trees or fences. They are ground mounted with recycled wire clothes hangers cut for the purpose.

The only areas of possible contention that remain are:

One sign per candidate, per yard: As you mentioned on the phone, my signs don’t name specific candidates but ask the viewer to consider the following options: A third party or write in candidate (of which there are several registered for the Texas ballot) or, in the interest of abstaining, to vote NOTA (none of the above). Considering that there are nine choices in total there, do you really think it prudent to demand (outside of the law) that I remove my two signs and replace them with nine?

Political opinion: As I mentioned on the phone, political speech is protected speech and this HOA has no more authority to ask me to remove this sign than it does to demand that I convert to Buddhism.

In the end my position remains firm on keeping my signs up until November 5th, 2008. I am sorry if my sentiment offends my neighbors; I want to be neighborly, but neighborly people do not report their neighbors to a governing body (no matter if it is as inconsequential as an HOA) for suppression of speech or fines because they disagree with something as ridiculous on its face as the presidential election. I mean, anybody with a third grade education knows that the president is not elected by popular vote and in fact, any and all candidate signs are expressions of political opinion and dissent- nothing more, nothing less.

You seem like a very kind and reasonable person who got a couple of nasty calls that you “have to do something about.” I do hope that we can work through this as rational people.

Warmest regards,

Hellooo Nanny State where one can’t even escape the oppression of disconcerting viewpoints. LOL! Fine job on the part of my new East Texas (no less a county that gave Goldwater a win back in the day- Look it up yourself; I’m sick of doing the work for you…) neighbors. Y’all should be ashamed of yourselves.

~ by Miche on September 29, 2008.