A Jefferson County judge on Thursday ruled that a Pevely homeowners’ association violated a resident’s right to free speech by banning him from placing a political sign in his yard.
• A Jefferson County
judge on Thursday ruled that a Pevely homeowners’ association violated a
resident’s right to free speech by banning him from placing a political sign
in his yard.
Lamprecht lives in the Tiara at the Abbey neighborhood. On April 2, 2011, he put
a sign in his yard showing his support for Glenn “Ed” Ziegelmeyer, a
candidate for the city’s Board of Aldermen, according
to the suit. A couple of days later, a trustee of the homeowners’
association called and told him he was violating the rules, known as covenants,
against most signs.
filed suit against the Tiara at the Abbey Homeowners Association in March 2012
and was represented by the American Civil Liberties Union of Missouri
County Circuit Judge Gary Kramer ruled
Thursday in Lamprecht’s favor.
right of free speech under our constitution is not only secure from interference
by governmental or public bodies, but under certain circumstances from
interference by private actors as well,” Kramer wrote.
also awarded $1 to Lamprecht.
are frequently stunned to be told that they cannot engage in such a basic right
of free speech as putting a political sign on their own property because of a
covenant,” Tony Rothert, legal director of the ACLU-MO, said in a prepared
of homeowners across the state are now on notice that enforcing such a ban
violates the Missouri Constitution.”
phone call to the law office of Dennis Tesreau, who represented the
homeowners’ association, was not immediately returned.