HOA Injunction limiting protestors-DENIED!

[Laece]

Isn't it their constitutional right to protest, so long as they do it peacefully?

that was the problem...the ones who weren't so peaceful ruined it for the bunch. they were wasting resources having the cops out there all the time for the unruly morons compromising safety, not just the anthonys, but everyone there.

not to say that many, many resources aren't being wasted on this case, already. just sayin'.

it's like saying people have the right to live freely...we do live freely, but not without limitations. we're 'free' but we can't do whatever we want, all the time, at the expense of whomever we please. does that make sense?

 

[softsoul]

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?

It is a constitutional right but don't think that will stop the Anthony's who are now trying to control what is spoken on the internet as well. I am personally fed up with their attempts to control and bully. If there are protesters who are breaking laws then arrest them, Anthony's included. You can't take away everyone's constitutional rights because some may be breaking the law. If that were so then they should be able to haul Casey back to jail because some guy in Idaho broke his bail. This is a slippery slope and we all should hope the protesters who are not causing problems can get legal representation.

 

[Gaia713]

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?

I don't think the HOA has jurisdiction over a public sidewalk and that is what they are trying to do. There are huge Constitutional issues in this injunction. I don't think the protesters should taunt the Anthonys - the Anthonys will come out anyway to attack them imo. But not ALL the protesters are taunting the Anthonys. What was that woman with the dog doing? Siting there. Yes, she had a sign, but that is not illegal.

 

[PaperDoll]

Ok, I might be ignorant, actually I am ignorant when it comes to HOA, and yet I have one myself:crazy: but I'm going to say this anyways.. I don't think the HOA should be involved in this. I think the law should be. People have a right to protest and if the protestors are causing a disturbance, then it's up to the law to do something about it, NOT THE HOA. I also don't think the HOA should go after the Anthonys :hand:. The Anthony's are causing the protestors to be there, but they can't control them. I think it should be up to law enforcement to handle this.. :twocents: :smiliescale:

 

[El Gato]

The HOA's in my neck of the woods really stink. They rule with an iron fist. Glad I don't live in one. Once murder charges come, things should settle down.

 

[Broderick]

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

The judge took the easy approach in the beginning. He is in a difficult position because if he rules in favor of the HOA, there is no law or precedent to base the decision on. Unless the legislature creates a new law (which would be challenged regardless), there would be nothing to base it on except potentially the abortion protest rights case (Madsen) which was narrow in its final rulings which allowed a 36 foot buffer to the PRIVATE residences of abortion workers only (down from 300 ft requested and initially ruled upon).

Fascinating because he could rule and try to set precedent and if the ACLU takes interest we could see an addition circus member join the parade in this case.

 

[ZooMomology]

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.

Agreed!!!!!!!!!!!! I am getting some pins made, soon, I swear. They will read "Poor Casey" "Poor Cindy" "Poor George" "Poor Lee" "Who cares about Caylee?" "That Poor Anthony Family"

GMAB, they deserve every last bit of what they are getting now.

 

[IrishSweetOne]

I don't think the HOA has jurisdiction over a public sidewalk and that is what they are trying to do. There are huge Constitutional issues in this injunction. I don't think the protesters should taunt the Anthonys - the Anthonys will come out anyway to attack them imo. But not ALL the protesters are taunting the Anthonys. What was that woman with the dog doing? Siting there. Yes, she had a sign, but that is not illegal.

Yeah and what about Little Dude too..............he did nothing even after George trashed his belongings and put his hands on him !!!!!!!!!

I so wish George would have had his a$$ thrown in the slammer for that.

 

[ZooMomology]

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.

And notice how quiet it gets when Casey is back in jail, problem solved. Stop harboring a murderer (soon to be alleged) and the protesters will go home.

 

[Amster]

Fox News, Shep Smith, reporting that a county commissioner wants round the clock protection for KC by off duty deputies. And, the commissioner is working with the HOA to get rid of the protesters.....

 

[Broderick]

Fox News, Shep Smith, reporting that a county commissioner wants round the clock protection for KC by off duty deputies. And, the commissioner is working with the HOA to get rid of the protesters.....

County commissioners have no jurisdiction over first amendment rights. Not even the Governor of Florida does.

 

[ZooMomology]

Fox News, Shep Smith, reporting that a county commissioner wants round the clock protection for KC by off duty deputies. And, the commissioner is working with the HOA to get rid of the protesters.....

Who is the county commissioner, and why does he/she care about KC??????????? This makes me sick. I'll provide 24-hour protection (if ya want to call it that). Off Duty cops, who will pay for that???????????????? His pocket?

GMAB.

 

[Broderick]

Sidewalks are traditional public forums. These are not petitioned protests. They are individual demonstrations and protests.

Here is a nice brochure from the Florida ACLU:

http://www.aclufl.org/PDFs/right_to_protest_brochure.pdf

The HOA and the County Commissioner are wasting valuable court time and are inviting the ACLU in imo.

 

[Chilly Willy]

In the interest of public safety and for the peace of the neighborhood, I hope the judge rules for the HOA. No one is trying to take away the protester's right to free speech, they're just asking that it move down the block to a vacant lot. It will make for a safer situation all the way around, I don't know why anyone would object to that.

 

[Amster]

County commissioners have no jurisdiction over first amendment rights. Not even the Governor of Florida does.

Correct. That's what the judge, guest of Shep, said.

I wonder if the commissioner will get the protection for KC she is asking for? Won't that have to be paid for by taxpayers?

 

[Broderick]

In the interest of public safety and for the peace of the neighborhood, I hope the judge rules for the HOA. No one is trying to take away the protester's right to free speech, they're just asking that it move down the block to a vacant lot. It will make for a safer situation all the way around, I don't know why anyone would object to that.

See, even in the case of Madsen (FLA), the abortion protesters were allowed to protest the private residences of abortion workers. They were initially calling for a 300 foot buffer zone until the Supreme Court ruled that 36 feet would suffice.

Even if the judge ruling on the injunction used this as precedent it would be a worthless decision. I doubt he can even use it since the ruling was fairly narrow to the Abortion workers residences and clinics.

 

[Amster]

In the interest of public safety and for the peace of the neighborhood, I hope the judge rules for the HOA. No one is trying to take away the protester's right to free speech, they're just asking that it move down the block to a vacant lot. It will make for a safer situation all the way around, I don't know why anyone would object to that.

Unless the HOA owns the sidewalk and public streets, the right to protest there is protected. There are rules, though. Time protests are allowed, no blocking the street, noise ordinances, etc.

 

[Broderick]

Correct. That's what the judge, guest of Shep, said.

I wonder if the commissioner will get the protection for KC she is asking for? Won't that have to be paid for by taxpayers?

Yes, that would and could be tax payer funded. He may work with the HOA to help in relief.

 

[Broderick]

Unless the HOA owns the sidewalk and public streets, the right to protest there is protected. There are rules, though. Time protests are allowed, no blocking the street, noise ordinances, etc.

IF there is specific laws to protest (regarding time, and manner) then yes. They can restrict certain things in normal ordinances.

 

[Gaia713]

Sidewalks are traditional public forums. These are not petitioned protests. They are individual demonstrations and protests.

Here is a nice brochure from the Florida ACLU:

http://www.aclufl.org/PDFs/right_to_protest_brochure.pdf

The HOA and the County Commissioner are wasting valuable court time and are inviting the ACLU in imo.

Great information. I agree that thsi is an issue wayyyyy over the HOA's jurisdition and they are merely looking like fools.