A Beatrice homeowners association is seeking a judge’s order that would prevent a convicted sex offender from residing in their neighborhood. Full Article
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What would legally allow them to bar a person like this? And if they can, can they also choose to bar someone with red hair, since hair isn’t a protected class?
Wow they printed his name and address as well. How can an Association Bylaws trump State Law?
That sounds like some bullshit.
More NIMBY nonsense.
This is exactly why the Online registry serves no legitimate purpose other than to discriminate, banish and harass. If I were this guy, I’d put a sign in my front yard that says: “Monsters only exist in movies & comic books.”
So as long as this is merely a civil banishment and not intended as punishment, should be no problem? After all, the courts have said as much lately, right?.
Once this passes muster, seems like they could expand it for use against all kinds of pesky people and situations. The courts seem to think it’s okay, apparently.
And this has been going on for a while anyway so…of course it’s only proving the point that a public registry creates problems and protects no one. Dangerous or violent offenders would be locked up. Time served means FREE TO LIVE. The majority of (non)offenders on the registry are there for menial occurrences or mistakes of poor judgement. But we have a predatory system now who sees an easy group to pick on and unfortunately it means drumming up the hysteria and feeding off the public’s reaction. Which keeps making the system untouchable and no one wants to admit they’re in the wrong for having built this system in the first place. Especially not Joe Buddah since he’s only trying to set us up for more failure.
HOAs suck. What started out as a group to assist each other in protecting property values has morphed into a bunch of nosy neighbors with a God complex.
HOA covenants are not laws and have no legal force beyond the association being able to sue a non-compliant member for breach of contract. I would think a court wouldn’t do anything in such a case unless penalties for violations are spelled out ahead of time. Someone with knowledge, feel free to correct me if I’m wrong.
Then again, this may not be a very illustrative case because one of the defendants is a registrant. No state nor the US constitution includes the phrase “except sex offenders”, yet many judges certainly rule as though it does.
Nebraska used to put mugshots of people forced to register on billboards Nothing says, “ Welcome to Nebraska the Good Life. Watch out for these monsters.” I can’t recall why they stopped that practice, but I’m glad they stopped. Residency restrictions don’t exist on a statewide level if I’m not mistaken. Stupidity and hate driven by fear is a threat to society.
Time to stand up, show up and speak out at the ridiculousness of sex offense laws based on emotions!!
If we start allowing HOA’s to regulate who can reside or visitwithin a neighborhood, what’s next? Homebuilders who build entire neighborhoods discriminating against registrants, refusing to sell them homes?
Where does this end?
An HOA constitutes private property. Even though in most states you can be on private property without breaking the SOR laws the owner of that private property can have their own policies regarding who can be there, i.e. any landlord can disallow felons from living on his property. A better example is Disney World. I would have to register in Orange County Florida if I am there for more than 48 hours. However, according to the sheriff’s office they cannot stop me from going to Disney World because it is private property. They did warn me that Disney does sex offender background checks occasionally with a ticket purchase and they can have me escorted off the property with a trespass warning, meaning next time I would be arrested for trespass. Private property owners and businesses have legal authority to do this. As bad as it is the HOA appears to be correct because their homeowner policy is spelled out in the purchase agreement.
Sorry for being a downer. It is an educational process I have already gone through. This is not about residency restrictions it is about private property owner’s rights.