A Sign of the Times

ã Dr. Gary D. Lemmons

Stacey Kelley, the 24 year old wife of Army Pvt. David Kelley who is stationed in Iraq, may have to pay a fine of as much as $100 per day for having a sign in the yard of her home which proudly proclaims: “Support Our Troops.”  The sign, which is designed in the shape of a red, white, and blue ribbon also bears the words, “God Bless the USA.” 

The fine, in question, is not being levied by the city, county, or any other constitutional law enforcement or judicial authority.  Rather, it is being imposed by the Westchase Home Owners Association of suburban Tampa, Florida.  The Association has rules against any sign in homeowner’s yards, except a “For Sale” sign.

Last Thursday (March 9) the Association’s seven-member governing board voted to cut the fine to $1.00 per day.  My, what a patriotic gesture!  They did express the threat that the fine could go back up if Kelley persists in keeping the sign in her yard.

Kelly has expressed hurt disbelief that the Association would want her to take the banner down, much less endeavor to fine her for its display.  A supportive wife of an American soldier, she is determined that the sign will remain.

 "If I have to pay, I'll pay the fines. My husband says the same thing," she said. "If we have to pay them, we'll pay them. If they're gonna try to give us more than a thousand-dollar fine, there's enough people out there that are willing to help me out."

Additionally, Kelley has gained support from many of her neighbors.  They feel that the message of the sign is such that the Association’s rule should be waived in this instance.  Some have even volunteered to place similar signs in their own yards.

This is a tough situation for me.  Every fiber of my being wants to tell the Westchase Home Owners Association to go jump into Tampa Bay.  At the same time, it may be argued that once the door is opened for a waiver of a rule, the element of public accommodations and equal protection under the law comes into play.  What if someone wanted to put up a sign saying “Bush is an Idiot, Bring the Boys Home” or “Hillary in 2008”?  Where does it end?

Another important factor here is that Stacey and David knew that the Westchase Home Owners Association was a governing entity when they purchased their home.  I am sure they were given a set of association “rules” and likely they had to sign some sort of agreement to abide by the same.  Personally, I would never agree to purchase property controlled by a home owners association.  That is just one more level of government that I can do without; however, if, through some momentary slip into mental illness, I did make such an agreement, I would honor the points of that agreement and obey the rules.

The solution to this situation is quite simple.  Stacey and David’s neighbors, who support the display of the sign and who are members of the Westchase Home Owners Association, should show up at the next board meeting.  Using whatever amending processes that exist for dealing with the Association’s rules, a move should be made to exempt signs of support for American troops from the anti-sign rule.

Of course, then some liberal will come along and want to put up, “Protect our Troops, Don’t Let Cheney Carry a Gun!,” and we will be off and running in the courts.