HOA Injunction limiting protestors-DENIED!

[Chilly Willy]

Would the A's be complaining if they had a 100 people in their front yard, at midnight, chanting "Free Casey, Casey's Innocent"? Don't think so. The HOA still might, but doubt the A's would. They would be fighting that injunction to allow them to stay.

That's not relevant. The Anthonys aren't alone in trying to get the injunction. The neighbors are fed up and want to enjoy their own property in peace.

 

[Broderick]

Perhaps not, however cumulatively their actions are sufficient grounds for an injunction. From what I have read, it appears that the injunction may be approved as written notifications have been supplied to the 'protesters' in accordance with Florida law if that satisfies the Judge then so be it.

Now didn't the judge only rule that they hadn't presented written notification of the "hearing". It has nothing to do with the decision making on the actual injunction correct?

 

[PhoneBoothBandit]

Now didn't the judge only rule that they hadn't presented written notification of the "hearing". It has nothing to do with the decision making on the actual injunction correct?

My understanding is the injunction was not going to be successful because the HOA didn't hand out notification which is required by Florida law. Now notification has been circulated, and the Attorney is filing the injunction again, there is every possibility it will eventually be granted. The grounds are sufficient enough.

 

[Broderick]

Perhaps not, however cumulatively their actions are sufficient grounds for an injunction. From what I have read, it appears that the injunction may be approved as written notifications have been supplied to the 'protesters' in accordance with Florida law if that satisfies the Judge then so be it.

By the way, show me the relevant law because I see no law the judge could use on his ruling. I have already been kind enough to present one likely decision in precedent, rather narrow and unlikely to be cited yet worthless in this case nonetheless since 36 feet is not going to stop the charade.

I think the judge was buying time. He knows full well you can' give notice to every potential demonstrator anyway. This is not a petitioned protest asking to use a non-traditional public forum or forums.

 

[Broderick]

I took a friend's daughter to an abortion clinic a few years ago. Protesters were on the sidewalk screaming all kinds of nasty things through the window. They were within their rights. My friend's daughter was horribly upset and emotionally distraught over it. The protesters could not come into the parking lot, so they confined their obscenities to the public sidewalk which happened to be right outside the room where the abortions took place. Cindy and George have a buffer of their yard. I haven't seen a picture of the protesters tresspassing at all.

Those same protesters can use the same decision to protest the private residences of abortion clinic employees using the same 36 foot buffered required by the Supreme court decision in Madsen.

 

[Broderick]

My understanding is the injunction was not going to be successful because the HOA didn't hand out notification which is required by Florida law. Now notification has been circulated, and the Attorney is filing the injunction again, there is every possibility it will eventually be granted. The grounds are sufficient enough.

The way I understood it is that he dismissed it without prejudice because protesters weren't summarily notified of the hearing. What that means to me is that he threw it out on the simple grounds that protesters weren't notified. That says nothing about him hearing the case at all, nor makes any intimation on what the decision would be had the case been heard.

 

[biggirl]

Can you tell me what the woman with the dog and the sign was doing? Not all the protesters are unreasonable. Offensive signs don't violate any laws.

So far I have not had to post anything because you say it all for me, thankyou.

I saw KC's attorney being interviewed yesterday and he was complaining about how much taxpayers money is being wasted by rearresting his client. He went on to say that taxpayers should complain to the sheriff's dept.

What part of "your client keeps getting new charges" is he not getting.

I believe the A family should be billed for all the money being wasted on runs to their home and extra security for their lying little princess. She is the ONLY one wasting resources. HGRRRRRR!:furious:

 

[softsoul]

Can you tell me what the woman with the dog and the sign was doing? Not all the protesters are unreasonable. Offensive signs don't violate any laws.

I don't think the constitution protects us from being offended. Most of us are offended daily in one way or the other.

 

[softsoul]

I took a friend's daughter to an abortion clinic a few years ago. Protesters were on the sidewalk screaming all kinds of nasty things through the window. They were within their rights. My friend's daughter was horribly upset and emotionally distraught over it. The protesters could not come into the parking lot, so they confined their obscenities to the public sidewalk which happened to be right outside the room where the abortions took place. Cindy and George have a buffer of their yard. I haven't seen a picture of the protesters tresspassing at all.

That happens all the time but you won't see people screaming to have these protesters arrested or moved down the block**. This whole thing is absolutely unreal in the special privileges this family is given....and why? They have done nothing but incite people, destroy property and demonstrate a sense of entitlement beyond comprehension.

ETA: ** Unless Casey wants an abortion, then of course the protesters will have to move down a block or two...she is entitled to her privacy.

 

[Gaia713]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Does the HOA WANT to tangle with that?

 

[Gaia713]

I don't think the constitution protects us from being offended. Most of us are offended daily in one way or the other.

Can you provide a link to that in the Constitution? They won't even tackle the *advertiser censored* issue and that's a lot worse than the protecters.

 

[boogiebear]

Perhaps not, however cumulatively their actions are sufficient grounds for an injunction. From what I have read, it appears that the injunction may be approved as written notifications have been supplied to the 'protesters' in accordance with Florida law if that satisfies the Judge then so be it.

Their actions are taking place on public roads, and on public sidewalks. This is not private property(where the protesters usually are). The HOA did not build the road, nor did they build the sidewalk. They also do not keep them up. This is not a gated community, but if it was, this would be entirely different. People have the right to stand on a public sidewalk and state their opinions, unless they break city or state laws. Scientology meetings halls, Planned Parenthood clinics, all know this. Usually you don't see protests against individuals but this time you have one. It does not change the protesters rights to protest in a civil manner.
As for the City actually arresting any protester for violating whatever codes they have in Orlando(right city?), I doubt they will do that because then they will have to apply that to the media. and no city gov. wants to fight a battle over freedom of the press.

 

[missy8394]

I think the protesters are doing the A's a huge favor. With them outside the A's have the distraction to fool themselves into thinking they're protecting Casey. Right now, these people are "attacking" them and as a whole, it's the family against the protesters, media, LE, etc.. It's the perfect excuse for them not facing reality. I think, if everything was quiet outside and there were no distractions, their attention and anger would turn towards Casey.

 

[soyesterday]

http://www.wesh.com/news/17482537/detail.html

Please forgive me, but what is HOA??
I've always wanted to know, and i can't figure it out at all.
Can you tell me please?

 

[soyesterday]

home owner's association right????'i think i just got it

 

[EastSideOfSaddness]

My understanding is the injunction was not going to be successful because the HOA didn't hand out notification which is required by Florida law. Now notification has been circulated, and the Attorney is filing the injunction again, there is every possibility it will eventually be granted. The grounds are sufficient enough.

I agree. On the local news they were implying that it would be approved too. I also love how the media talks BS about the protesters however, they have to realize that if there weren't media presence the protesters would probably not even be there---most of them anyway.~!

 

[cheko1]

Gotta love the USA!!!!
Freedom of speech!!!

I agree leave the babies at home.

 

[LinasK]

Their actions are taking place on public roads, and on public sidewalks. This is not private property(where the protesters usually are). The HOA did not build the road, nor did they build the sidewalk. They also do not keep them up. This is not a gated community, but if it was, this would be entirely different. People have the right to stand on a public sidewalk and state their opinions, unless they break city or state laws.
Usually you don't see protests against individuals but this time you have one. It does not change the protesters rights to protest in a civil manner.

:clap::clap::clap:

 

[LinasK]

What about the neighbour's rights? When was the last time they had peace in their neighbourhood? Isn't there a noise bylaw in Florida?

The neighbors should take their complaints to the Anthonys, squarely where the blame belongs. If it weren't for their daughter, and them harboring her, the protestors wouldn't be disturbing the neighbors!

 

[LinasK]

completely unfair to the neighbours. they have nothing to do with the case. hoa was not trying to completely rid of the protestors, but to give a time-frame... no noise before and after such n such times. and the people who take their kids along should be charged with child neglect and endangerment. that poor kid who got his arm slammed in the suv door!

No, they weren't just trying to limit the time-frame, they were trying to move them to an empty lot blocks away, where they would have no impact on the Anthonys. Pointless. Glad the HOA lost!