HILLSBORO, MO — A Missouri homeowners’ association prohibition on political yard signs violates the Missouri Constitution’s free-speech guarantee, a judge ruled on Oct. 3. In a case brought by the American Civil Liberties Union of Missouri Foundation, Jefferson County Circuit Judge Gary P. Kramer ruled that enforcement of the restriction violates the state constitution and that the Missouri statute that permits the association to enforce its covenant in court is unconstitutional.
The case is the first of its kind in Missouri. Judge Kramer interpreted the state’s constitution to limit restrictions on expressive activity by private organizations.
“Because [the] prohibition against political signs is content-based and encroaches upon constitutional rights the Missouri Supreme Court has deemed fundamental, this Court declines to simply apply contract law and ignore the violation of such a right,” Judge Kramer wrote in a 10-page explanation of his decision.
Jim Lamprecht bought a home in Pevely, Missouri, that is subject to the restrictions of Tiara at the Abbey Homeowners Association. One of the restrictions prohibits homeowners from placing political signs in their own yard. When Lamprecht placed an election sign in his yard, he was told he was violating a covenant, which is enforceable in court because of a state statute.
“The right to speak one’s mind about politics on one’s own property is at the heart of what free speech means in this country,” said Jeffrey A. Mittman, executive director of the ACLU-MO. “The right to freedom of speech must be zealously protected.”
“Homeowners 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,” said Tony Rothert, legal director of the ACLU-MO. “Associations of homeowners across the state are now on notice that enforcing such a ban violates the Missouri Constitution.”
The ACLU-MO Foundation is a non-partisan, not-for-profit membership 501(c)(3) organization dedicated to defending and expanding the constitutional rights and civil liberties of all Missourians guaranteed by the U.S. and Missouri Constitutions, and is an affiliate of the national ACLU.