Free Montclair
Thanks for visiting FreeMontclair.US! This site is being resurrected after many years, so there’s not much here yet. BUT in the very near future, I will populate this page with information related to the prohibition of political yards signs by Property Owners Associations, and the need for state laws to protect the rights of their citizens against such prohibitions.
The Supreme Court Defends It
A special respect for individual liberty in the home has long been part of this Nation’s culture and law and has a special resonance when the government seeks to constrain a person’s ability to speak there.
City of Ladue v. Gilleo, 512 U.S. 43 (1994)
Virginia Law Protects It
No locality shall have the authority to prohibit the display of political campaign signs on private property if the signs are in compliance with zoning and right-of-way restrictions applicable to temporary nonpolitical signs, if the signs have been posted with the permission of the owner. The provisions of this section shall supersede the provisions of any local ordinance or regulation in conflict with this section.
Code of Virginia, § 15.2-109
The Montclair Property Owner’s Association Prohibits It.
Political campaign signs are not permitted.
Community Guidelines Article 5 – Section 5.4.41 h.
Legislative History
In 2006 corrective bills were sponsored in the Virginia Senate, and the House of Delegates. The Community Association Institute’s lobbyist focused her attention on the House bill, and succeeded at seeing it killed in the General Laws Committee. The Senate version passed the General Laws & Technology Committee unanimously, and was subsequently passed unanimously by the full Senate. Then sent to die, in the House General Laws Committee.
HR 878 – Killed in the General Laws Committee
SB 621 – Passed unanimously by General Laws & Technology Committee (14-0), Passed unanimously by Senate (37-0). Died in House General Laws Committee.
In 2007, only the Senate bill was re-introduced. Under pressure from the Community Association Institute, it was stricken by Sen. Puller prior to a vote. Pulled from consideration before the Committee that had passed it unanimously the year before was given an opportunity to consider it again.
SB 964 – Stricken at request of Patron.
Virginia Housing Commission: Common Interest Communities Work Group
9/12/2006 – Comments submitted by Chris Casey