HOA Injunction limiting protestors-DENIED!

[mollymalone]

How will that work? People and faces change everyday. If and when they ever managed that, the HOA cannot tell people what they can and can't do on a public byway, sidewalk, or road(unless they are blocking it). If they were a gated community where they owned the roads, and the sidewalks, then yes, they can force the public off the private roads. The neighbors can file individual complaints. The city can enforce city codes, but the HOA has no power over the public. They do have power over the Anthony's that signed a contract with them.

I have no idea and I'm not all that familiar with HOA's except for what I've read here on WS.
I think the premise is that since the HOA didn't hand out fliers notifying the protesters first before filing for an injunction they didn't follow proper procedure and now they must before they can have a rehearing. It still doesn't mean that the Judge would give them what they want.

 

[Friptzap]

I have no idea and I'm not all that familiar with HOA's except for what I've read here on WS.
I think the premise is that since the HOA didn't hand out fliers notifying the protesters first before filing for an injunction they didn't follow proper procedure and now they must before they can have a rehearing. It still doesn't mean that the Judge would give them what they want.

uuhhh ok, following up your quote of his quote from quoting aobut someone else...

The judge can rule on basis of dangers to the public and such. If he feels it is in the best interest of the public he can do somehting about it. Restricting time of day and moving the location due to further public interests is not a stretch in my opinion. I don't feel like researching Florida statutes tonight so I will leave it at that. They would not even hear the case if there were no grounds.

But if the HOA does not like the outcome a gate or seeking to remove the Anhony's may be their next plan. Jeebus not sure which one would be cheaper !!!!

 

[mollymalone]

uuhhh ok, following up your quote of his quote from quoting aobut someone else...

The judge can rule on basis of dangers to the public and such. If he feels it is in the best interest of the publix he can do somehting about it. Restricting time of day and moving the location due to further public interests is not a stretch in my opinion. I don't feel like researching Florida statutes tonight so I will leave it at that. They would not even hear the case if there were no grounds.

But if the HOA does not like the outcome a gate or seeking to remove the Anhony's may be their next plan. Jeebus not sure which one would be cheaper !!!!

Thanks! Which one would require more hassle? The gate or the buyout? I thought I read on a thread previously that HOA don't like to do buyouts because of the difficulty? Taking over the maintenance of the road and gate etc by, was it 127? people of the HOA who live in that area might be more costly to them. I would think that neither option would be palatable to them because not all of them can afford the costs.

 

[Carrington]

Having off-duty police patrol the area is not a free service.Fernandez plans to gain funding by having the legal department explore options, as well as work with the neighborhood Home Owner’s Association.

http://www.myfoxorlando.com/myfox/p...n=4&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

This will make the A's very popular, costing the neighbors money.

 

[darlin gal]

http://www.wesh.com/news/17492892/detail.html


ORLANDO, Fla. -- It was another explosive night outside the Anthony family home late Tuesday night -- just hours after Casey Anthony, mother of missing toddler Caylee Anthony, got out of jail for the third time.

Protesters clashed with each other, and the Anthony family got involved in the chaos.

 

[Friptzap]

Having off-duty police patrol the area is not a free service.Fernandez plans to gain funding by having the legal department explore options, as well as work with the neighborhood Home Owner’s Association.

http://www.myfoxorlando.com/myfox/p...n=4&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

This will make the A's very popular, costing the neighbors money.

HOA could easily be requested to pay for this service, much like that provided to churches and other organizations that require assistance for stopping street traffic to allow cars to come and go during daily/weekly services.

These officers are paid by other local HOA's to work off duty as well, ALL fees travel through the police departments, the officers usually are there looking for traffic violators and loiters. I have spoken to several officers that do this routinely. HOA pays the police department for their off duty work, it is a special fee based system.

 

[FLSleuth]

Hate to say this, but think some sort of injunction is still to come. HOA is not giving up so easily, residents are passing out notices to protestors as apparently judge denied injunction on the grounds that protestors were not given enough notice.
I still say HOA barkin' up wrong tree. They need an injunction AGAINST the As for creating the circus, antagonizing the crowds, harboring a daughter who was instrumental in their granddaughter's disappearance and refuses to cooperate with authorities, or searchers!

 

[DAWN TREADER]

Attorney asks judge to reconsider the injunction to keep protesters at bay

11:55 a.m. Karen Wonsetler, who represents the Chickasaw Oaks Phase Three homeowners association, today filed a motion to reconsider the injunction denied by an Orange County circuit court judge on Tuesday.

According to the court document, protesters gathering in front of the Anthony's Hopespring Drive home have been given a written notice of the injunction hearing. Additionally, a copy of the hearing notice was posted on the association's property

http://www.orlandosentinel.com/orl-casey-anthony091708,0,6323427.story

 

[FLSleuth]

Brought over from other thread:
Hate to say this, but think some sort of injunction is still to come. HOA is not giving up so easily, residents are passing out notices to protestors as apparently judge denied injunction on the grounds that protestors were not given enough notice.
I still say HOA barkin' up wrong tree. They need an injunction AGAINST the As for creating the circus, antagonizing the crowds, harboring a daughter who was instrumental in their granddaughter's disappearance and refuses to cooperate with authorities, or searchers!

 

[MiraclesHappen]

Attorney asks judge to reconsider the injunction to keep protesters at bay

11:55 a.m. Karen Wonsetler, who represents the Chickasaw Oaks Phase Three homeowners association, today filed a motion to reconsider the injunction denied by an Orange County circuit court judge on Tuesday.

According to the court document, protesters gathering in front of the Anthony's Hopespring Drive home have been given a written notice of the injunction hearing. Additionally, a copy of the hearing notice was posted on the association's property

http://www.orlandosentinel.com/orl-casey-anthony091708,0,6323427.story

I was unaware they had done an editorial on the injunction.

Discovered it in the links :read:

In some weird way, new info has a calming effect on me.

Thanks for that link. :blowkiss:

 

[Cubby]

Brought over from other thread:
Hate to say this, but think some sort of injunction is still to come. HOA is not giving up so easily, residents are passing out notices to protestors as apparently judge denied injunction on the grounds that protestors were not given enough notice.
I still say HOA barkin' up wrong tree. They need an injunction AGAINST the As for creating the circus, antagonizing the crowds, harboring a daughter who was instrumental in their granddaughter's disappearance and refuses to cooperate with authorities, or searchers!

My bold. I have to respectfully disagree. The residents in this community have the right to reside in their community peacefully and without the nuisance. I don't know what the HOA rules are but they could possibly fine the A's creating the disturbance. Who knows, depending on the HOA rules they could possibly force the A's to move.

IMO the protestors are making more of a Jerry Springer style spectacle of themselves, acting like bullies and clowns when they could be doing more important things like searching for Caylee rather than loitering and instigating potential riots and fights. I'm all for peaceful demonstration, but much of what's been happening has not been peaceful.

I think the HOA is being rather generous by offering the vacant lot as an area for the protestors to gather.

 

[DAWN TREADER]

Arrgh - I apologize to posters and mods as I somehow missed the injunction thread where this update could/should be posted. Can we move (merge) this thread over there instead of me deleting thread which would also delete poster's comments?

http://www.websleuths.com/forums/showthread.php?t=71228

TIA ~

DT

 

[kathyn2]

I think the protestors had to be notified so that they could write their on brief to submit to the judge. The protestors need their own attorney to present that side of the law or they may just get a reversal of the decision. Is there a hearing coming up on this or does it just go before some judge? I wonder if some lawyer will step up to help the protestors? Personally I don't care much for this protesting. The one it should be geared to stays indoors and hides and could care less. In fact she probably likes all the attention.

 

[Gaia713]

Attorney asks judge to reconsider the injunction to keep protesters at bay

11:55 a.m. Karen Wonsetler, who represents the Chickasaw Oaks Phase Three homeowners association, today filed a motion to reconsider the injunction denied by an Orange County circuit court judge on Tuesday.

According to the court document, protesters gathering in front of the Anthony's Hopespring Drive home have been given a written notice of the injunction hearing. Additionally, a copy of the hearing notice was posted on the association's property

http://www.orlandosentinel.com/orl-casey-anthony091708,0,6323427.story

I don't think that's enough. It would have to be a very large sign and posted at all entrances to the development. I think it also must be poseted in the newspaper. I think the HOA is crazy in thinking they can do this. The ACLU will get involved as this is a clear violation of freedom of speech (only Casey, Cindy, George and Lee get that), and right to walk on a public conveyance -- they are restricting rights of the majority because one family wants to control everything in Orlando. moo

 

[Gaia713]

My bold. I have to respectfully disagree. The residents in this community have the right to reside in their community peacefully and without the nuisance. I don't know what the HOA rules are but they could possibly fine the A's creating the disturbance. Who knows, depending on the HOA rules they could possibly force the A's to move.

IMO the protestors are making more of a Jerry Springer style spectacle of themselves, acting like bullies and clowns when they could be doing more important things like searching for Caylee rather than loitering and instigating potential riots and fights. I'm all for peaceful demonstration, but much of what's been happening has not been peaceful.

I think the HOA is being rather generous by offering the vacant lot as an area for the protestors to gather.

Before I put you on ignore, I don't think you can get more Jerry Springer than the Anthony famioly -- confronting anyone who disagrees with them and physically attacking 3 people (against the law) having a gun hidden in their vehicle (against Casey's release, adn exceeding the speed limit. There would be NO protesters if any of the Anthonys would get off their azzes and look for their missing granddaughter instead of verbally and physcially attacking people who HAVE been out looking for their granddaughter that they CLAIM to love. If Casey were not there, the protesters would not be there either. The cause of the protest is the lies that Casey Anthony has told LE about the whereabouts of her daughter. Get rid of Casey, the protesters are gone. Look to the source. The Anthonys have the right to stay in their hosue and not come outside to shove and scream at protesters. But they don't. They come out for the publicity - and Cindy is eating it up.

 

[Cagney]

Isn't it their constitutional right to protest, so long as they do it peacefully? And if I am not mistaken I am pretty sure that the constitution supercedes the HOA?

I am not saying that the protesters shouldn't be doing other things like focusing their energy on finding Caylee but how can there be an injunction to stopping them from protesting?

 

[SillyNilly]

Any idea when the judge is supposed to render a decision? Sometimes they take things into submission for several days so I guess we have no way of knowing. It's up to the judge though, not the HOA.

 

[El Gato]

Banish the A's from the hood. Problem solved. I think they can do it. They should be forced to sell and relocate. They are the ones causing all the trouble.

 

[El Gato]

Isn't it their constitutional right to protest, so long as they do it peacefully? And if I am not mistaken I am pretty sure that the constitution supercedes the HOA?

I am not saying that the protesters shouldn't be doing other things like focusing their energy on finding Caylee but how can there be an injunction to stopping them from protesting?

Yes and if a judge rules in favor of the HOA I expect a bigger protest than what they already have. That is a whole new can of worms. Then it becomes political. You will see the anti CA crowd meets the wing nut crowd. I may be wrong though.

=^..^=

 

[Paladine]

The HOA may have notified SOME protesters, but if a new protester showed up tomorrow, I fail to see how this is adequate, or would cover them. This is not an organized protest by a known group...