Comments on: Town Shuts Down “Nightcrawler Kid”

By: Charlie B

Charlie B — Wed, 16 Aug 2006 12:36:49 +0000

Home Owners Associations should have procedures to amend the restrictions. Deed restrictions without accompanying associations which are very common are impossible to amend without considerable expense so property owners have asked the Feds to intervene to allow flying the US flag. This is no different than many issues that are truly local where the Feds have taken action because it is easier to lobby the Feds than thousands of state and local governments.

By: dweeb

dweeb — Tue, 15 Aug 2006 17:05:33 +0000

Kip, I agree, but then it follows that the law with regard to satellite dishes, is equally ‘disgraceful.’ You didn’t mention the dish law, and thus the accusation of anti-US bias. You’re a lawyer, so people expect you to do a little research into precedents before calling a law disgraceful (which it is.)

[Kip replies: This is a casual blawg post. It is neither an appellate brief nor a law review article. And the flag-on-lawns law is very current news.

I think your expectations are a bit unreasonable.]

By: KipEsquire

KipEsquire — Tue, 15 Aug 2006 16:29:59 +0000

I always thought that believing in property rights and the freedom of private parties to enter into private contracts was part and parcel of being “pro-U.S.”

Silly me.

By: MF

MF — Tue, 15 Aug 2006 16:25:36 +0000

Kip, I think the “anti-US bias” comment stems from your description of the new federal law guaranteeing a right to display a US flag. To the average person, the law sounds perfectly OK, and by your calling it “disgraceful”, you sound anti-American. If you expound on why you feel it’s disgraceful, that might help clarify.

By: wavemaker

wavemaker — Tue, 15 Aug 2006 14:17:58 +0000

My suggestion to young Joe is this:

Put up a sign twice as big that says “Free nightcrawlers — and if you agree that the Planning Commission stinks, make a donation to my political campaign.”

What strikes me as absurd is the lame attempt to distinguish Joe’s “business” from the lemonade stand.

I predict a reversal of fortune in this tale.

By: Charlie B

Charlie B — Tue, 15 Aug 2006 01:58:15 +0000

Since the Feds long ago overrode the very same Homeowner Association rules to allow satellite TV dishes, may we assume that TV ranks ahead of the flag?

Seriously, where was all this righteous indignation when the TV dishes were mandated? Is it that your anti US bias surfaces when the issue is the United Sates flag?

[Kip replies: Anti-U.S. bias?]