The Planning Commissioners Journal is sponsoring the Free Speech in Communities Project.
"The Planning Commissioners Journal is the leading national publication designed for the non-professional citizen planners who serve on city, county or regional planning boards -- or are active in dealing with local land use & community planning issues either as elected officials or citizens." from the Planning Commissioners Journal Web Site
About the Project "We hope that through feeback and comments posted here by planners, planning commissioners, lawyers, and others we will be able to develop some workable ideas for communities interested in promoting First Amendment Freedom of Expression values -- some of the most important Constitutional Rights citizens hold. We hope to publish the results of this project in the Summer or Fall 2004 issue of the Planning Comm'rs Journal. Click to view and add comments to this important effort
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Tennessee Homeowners Associations (HOA)and Flag Flying Laws & LegislationCommunity Associations and Homeowners Associations (commonly called HOA) agreements with their residents might infringe upon Constitutional rights of their membership. In particular, the First Amendment Freedom of Speech may clash with prohibitions placed on association members' abilities to fly flags, hang flags, place signs, and even hand out flyers.
Below find what we hope is the latest legislative action taking place in Tennessee.
New Document
Filed for intro on 02/19/2003
SENATE BILL 987 By
Beavers
HOUSE BILL 997
By Buttry
AN ACT to amend Tennessee Code Annotated, Title 13 and Title
66, relative to display of the flag of the United States in
certain residential areas.
WHEREAS, it is the sense of the general assembly that homeowners throughout the
state should have a legal right to properly display a flag of the United States on their separately
owned real property or in their exclusive common area; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 13, is amended by adding
SECTIONs 2
through 5 of this act as a new, appropriately designated part.
SECTION 2. Owners of a separate interest in a common interest development are
hereby specifically included within the group of owners and occupiers of land who have a legal
right to properly display a flag of the United States on their separately owned property or
exclusive common area.
SECTION 3. Except as required for the protection of the public health or safety, no
declaration or other governing document of property located within a development included in or
referred to in
SECTION 2 shall limit or prohibit, or be construed to limit or prohibit, the display of the
flag of the United States by an owner on his or her separately owned real property or in their
exclusive use common area.
SECTION 4. Such display of the United States flag shall be in accordance with United
States Code, Title 4, §§ 5 – 10 relating to proper flag etiquette.
SECTION 5. The prevailing party in any action to enforce the provisions of this part,
shall be awarded reasonable attorney's fees and costs.
SECTION 6. This act shall take effect July 1, 2003, the public welfare requiring it.
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