Constitutional free speech in HOA upheld in this surprising case

“Court documents indicate [homeowner] Immelt got upset after being told she had violated a homeowner’s association rule. Immelt borrowed a friend’s car, pulled up in front of the home of the neighbor who reported her and honked the horn repeatedly for up to 10 minutes. Several neighbors were awakened.

“Immelt was convicted of violating a local noise ordinance that prohibits sounding a horn for anything other than public safety or a publicly sanctioned event. Immelt appealed, saying her constitutional free speech rights were violated and that the ordinance was too broad. Her conviction was upheld in appellate court.

“While the court didn’t decide if what Immelt did constituted protected speech, it concluded that the noise ordinance Immelt was arrested under could ban’”protected forms of expressive conduct involving horn honking. It therefore fails constitutional scrutiny’.”

Who says the Constitution means nothing?

State of Washington v. Immelt, No. 83343-5, 2011 Wash. LEXIS 825,* (Wash. Oct 27, 2011). Very long case.

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Published in: on October 28, 2011 at 7:48 am  Comments (2)  
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2 CommentsLeave a comment

  1. Probably a very nice lady driven to distraction by yet another batsh*t crazy HOA…completely understandable.

  2. In this case, unlike the NJ Supreme Court decision in Twin Rivers and the Arizona appellate holding in the constitutionality of administrative agency adjudication of HOA disputes, Gelb v. DFBLS, the Court presented a broad and lengthy analysis of the issues. These other cases that did not support constitutionality and had focused on specific and narrow state case law. Immelt is worth reading, a least the very first pages, to understand the issues at hand.

    State of Washington v. Immelt at http://tinyurl.com/3t29qo2


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