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LETTER TO THE EDITOR: Freedom of Speech

Hertitage Point resident says she is not allowed to promote Obama's re-election campaign on her lawn.

 

I recently moved into a 55 and over community, Heritage Point in Barnegat. I‘m an activist for the Democratic Party and want to do everything I can to get our president re-elected — and that includes displaying campaign signs on my property.

I made a request to the management company at Heritage Point to be able to place these signs on my property in support of President Obama. They went to the Board of Trustees who ruled that this would not be allowed and they vetoed my request. I believe this is a violation of my freedom of speech. I do not think the Board of Trustees can take away my civil rights just because it is a "rule" of the development.

As a matter of fact, there was a recent NJ Supreme Court case ruling related to a Parsippany homeowner who sued his homeowners association for prohibiting him from putting political signs on his property. The NJ Supreme Court concluded ".......that the sign policy in question violates the free-speech clause of the State Constitution." The court further noted that the U.S. Supreme Court has called residential signs ".....a venerable means of communication that is both unique and important..." and that has "......played an important part in political campaigns." My right to freedom speech will not be denied by my homeowners association and I will be posting political signs on my property. I urge all of you who live in these kinds of communities to also exercise your right to freedom of speech.

Anita Carbonara,

Barnegat

We love mail from our readers! If you have a concern or an opinion that you want to share, email Katia Raina, Barnegat-Manahawkin Patch editor at katia.raina@patch.com. 

Related Topics: Letters To The Editor

Eric Thomas

7:33 am on Friday, June 22, 2012

Ms. Carbonara, I respect a person's passion for things they believe in. However, I have owned three homes within condominium (PUD's, etc.) developments over the past 50 years; one of which is age-restricted.

You waive certain rights (100% legal) when you agree to be bound by the rules and regulations of the development. A restriction prohibiting residents from placarding common areas is quite routine in such developments. Some developments prohibit Realtor signs when a unit is up for sale. Such signs need to be displayed from the inside in a window, if allowed at all.

The Supreme Court opined on the possible value of political signage. Signs do not influence me. In fact, they annoy me. They are a blight on the landscape. If a sign for a candidate is freedom of speech, why not a sign for the KKK, American Nazi Party, etc?

Do not go renegade and defy the Trustees. They will simply document your violation, remove the sign and fine you. Do you need that aggravation? Are there not other ways to be an "activist" without being a scofflaw?

Aren't you better than that?

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Marianne P. Clemente

8:08 am on Friday, June 22, 2012

Good going Anita. You are exercising your constitutional right to freedom of speech and these communities have infringed on that right for long enough.

In answer to the comment above, rules cannot be made and enforced if they break the law, and that's just what this prohibition of signs does. It breaks the law of the land which safeguards one our most fundamental rights - freedom of speech - a right to be protected above all. "Mr. Thomas"......if your condo had a rule which allowed you to walk into or break into your neighbor's house any time you wanted, do you think that our government would stand by and allow that "rule" to continue? I'm so sorry you are so annoyed by this signage, but I'm sure Mrs. Carbonara is not talking about "blighting" her neighborhood. Once again, it seems that people react at both ends of the spectrum, and your comment reflects that extreme.

Anita......I'm so proud of you. Keep up the good work.

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Eric Thomas

8:15 am on Friday, June 22, 2012

Ms. Clemente, given your track record of desecrating parades in honor of Veterans, nothing you say shocks or amazes anybody in this town.

If you or Ms. Carbonara think that civil disobedience will play well for your "cause," then have fun. Keep egging her on. Will you help her pay the fines? Her legal fees? Highly improbable.

Comparison of this reasonable restriction to breaking into a home is so very absurd. In fact, it is down right stupid and asinine.

"Blights" take many forms. A mirror can help you identify one of them.

Have at it, Anita. The money you lose will be your own.

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BeyondReality

9:24 pm on Friday, June 22, 2012

Haha, this is one of the funniest comments I think I ever read.

j. marcy

8:24 am on Friday, June 22, 2012

Firstly, I admire someone who has strong feelings and wants to support a candidate. That being said, I have strong feelings about the community I live in. Whenever there is an election coming up, we are inundated with political signage all over the place, both on public and private property. In Barnegat this seems even more prevelentthan in surrounding communities. I am convinced that this signage has absolutely no significant bearing on th outcome and only cheapens the appearance of the community. In some areas in recent years, whole communities have prohiibited this form of campaigning and have found it has no influence on the outcome of the election. I've actually heard comment from friends that they voted for the opposite candidtate because all the signs made their community look cheap. People may disagree with me, which is their right, but I would get rid of all these signs and spend the money it costs to print thousands and millions of them on more pressing problems.

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Eric Thomas

8:38 am on Friday, June 22, 2012

Agreed 100%. At best, one or two centrally designated areas for political signage can be established.

Please tell me why Messers. Melchiondo and Cirulli felt it necessary to speckle the landscape with signs for an election wherein they were the only declared candidates? Some of those yellow and black "only choice" placards remain on display to this date.

Better judgment was shown by their opponents.

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BeyondReality

9:26 pm on Friday, June 22, 2012

Completely agree, I have never heard of political signs doing anything to sway a vote one way or the other. The whole thing is a waste of money and does cheapen the landscape and take the focus away from real issues.

Rick

9:54 am on Friday, June 22, 2012

My question is why does Ms. Carbonara have a campaign sign up for the president when he isn't even a candidate yet?

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Roger Knight

10:07 am on Friday, June 22, 2012

You live in a community where there are rules. Rules that were there from the beginning. Obey them or take your case to court. If you are looking for an outpouring of support you have a long wait on your hands.

Having Clemente on your side will prove about as helpful as having Jake Taylor, Pecce or Laufgas speak for you.

Just obey the rules and there will be no problems. Go ring doorbells for Obama if you want. Just be prepared to have many doors closed in your face in this town. That is freedom of speech too.

Last you can always move. Mirage and Pheasant Run have homes available. Call Real Estate salesman Fernandez for details.

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greg cummings

10:43 am on Friday, June 22, 2012

Ms Carbonara mis-states the facts about the recent NJ Supreme Court ruling. This case involved a homeowner who wanted to place a sign in his window visable from the street and had nothing to do with lawn signs.

People who move into developments governed by homeowner associations sign an agreement/contract that they will abide by the rules. Ms Carbonara had the option to move elsewhere if she did not agree with the rules of the association. She also has the option to contest in court the very rules that she agreed to but it is a long and expensive process.

Ms Carbonara's effort to influence people's vote would be more effective if she placed signs at Bay Ave and Rt 9, put a bumber sticker on her car or handed out flyers at the Post Office rather the put a sign on a seldom traveled street.

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Katia Raina

11:53 am on Friday, June 22, 2012

Ha-ha, good one Nancy. And yet, here you are, "speaking." If you'll never believe another word we write, then won't you do everyone a favor and stop reading the words that we write? No one is forcing you to read any of our stories. Take care?

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Cindy Janowiak

12:43 pm on Friday, June 22, 2012

Katia, with all due respect, you are going to need a thicker skin if you are going to be the editor of a news website.

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BeyondReality

9:29 pm on Friday, June 22, 2012

Katia, I know you said you werent going to ban Nancy but can you atleast take some time and think about it? There is no use in jumping to hasty conclusions. Lets just leave our options out on the table for now???

Dee Lynch

12:11 pm on Friday, June 22, 2012

Granted you are given the right to free speech as a US citizen, but isn't it true that you also have to abide by any written and signed agreement to your home owner's association? Isn't that a legal and binding contract. If it is noted in that contract that it prohibits such displays of lawn advertizements, aren't you legally restricted? By signing a lease or purchasing a home there, aren't you supposed to abide by their current rules and regulations?

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Dee Lynch

12:13 pm on Friday, June 22, 2012

I don't know what the law is but you should just bounce it off of an attorney.....

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Gloria Pfeifer

1:56 pm on Friday, June 22, 2012

I don't live in Heritage Point or anywhere in Barnegat either, and to tell you the truth I'm very glad I don't...I respect and admire Mrs Carbonara's right to free speech...my community does not allow signs either, so I have photos of my President inside my window facing my little porch. People get the message...as a matter of fact, I have had compliments from delivery people and even postal workers. The reason I am writing this is to say i am appalled at the personal attack against Ms Clemente by Mr.Thomas...really...aren't we all supposed to be adults...?
I'm guessing it is political in nature ...where does this stuff end?

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Rick

2:18 pm on Friday, June 22, 2012

As Roger Knight pointed out, Ms Carbonara moved into a restricted community with rules and by-laws and as part of her purchase agreed to abide by those rules.
Ms Clemente's comparison to a rule that would allow people to walk into or break into your neighbor's house is rather inane.
I know that if I read that in the rules of the condo, I would not buy there.
As far as this being a restriction of free speech, what about the state law prohibiting cell phone use while driving? Couldn’t that be construed as a restriction of free speech?
After all, everyone who does use a cell phone while driving considers themselves good enough drivers to be able to drive and talk at the same time.

Ms Carbonara is much like many other people who have moved to Barnegat in recent years. They say it is a nice town, but they should do things the way they did it wherever they came from and should have all the same things they had there.
Many of the people who move here are like to ones who buy a house near an airport and then complain about the noise.

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Rick

2:48 pm on Friday, June 22, 2012

Another point.
The township has an ordanance that states that political signs are only allowed within 45 days prior to an election and must be removed within 7 days after the election.
It also restricts their size to four square feet. (Basically two feet by two feet)

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Rick

2:51 pm on Friday, June 22, 2012

OOOpps.
Ordinance, not ordanance!

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Stan the man

10:39 am on Monday, June 25, 2012

Heritage Bay has similar rules. Yet, every Easter and Christmas time religious signs spring up on many lawns with no repurcusions. I would like to do likewise when it comes to sell my home. Who decides what may or may not be posted?

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Rick

7:36 pm on Monday, June 25, 2012

You want to put up Easter & Christmas signs when you sell your home?

Rick

7:34 pm on Monday, June 25, 2012

While Ms Carbonara, Ms Clemente, Ms Pfeifer and others are complaining about the alleged infringement of their 1st Amendment free speech, I wonder what they would say if I exercised my 2nd Amendment right to keep and bear arms by walking past their homes with a pair of revolvers on my belt ala Wyatt Earp.
Oh, that's right, there are state and local restrictions on that right.

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