NE: Can an association restrict persons required to register as sex offenders?
A Nebraska Judge will soon decide whether a homeowners association can restrict someone registered as a sex offender from its community.
The Wildwood Estates Homeowners Association in Gage County, Nebraska, is seeking a temporary injunction to remove a registered sex offender from residing in its part of town. The association is arguing that it’s restrictive covenants specifically exclude people required to register from living in the community and courts have upheld unambiguous covenants in homeowners docs. Attorneys for the man argue that political subdivisions, and only political subdivisions, could create restrictions on where certain people could live, not associations and that the association is more akin to a membership and the association can’t prevent a class of people from being members.
The judge has taken the matter under advisement and will render a decision.
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But the Registry is NOT Punishment!?!?!?!?.
Just to add to the subject.
A black man in Texas City near Houston is suing the city for onep million dollars for leading him down a street on a rope with the Officer on horseback. He says they did it to humiliate him and he was being treated like a slave. I agree. But also is that not also the same reason for the registry? It’s only purpose is to humiliate and to mark as those they feel are sub human by publicly humiliating them and causing them to be public outcasts. They try to say it’s to protect the children but that idea has been 100% proven false.
If he wins the suet which he probably will would that not also open another door to challenge the registry and it’s purpose as being similar?
I completely understand and empathisize with the problems you are facing around the HOA taking this to the extremes…
I got out ahead of this in my community by actually getting on the board of the HOA. Of course I didn’t have to or need to disclose to join and most HOA boards are desperate for people to sit on the board.
By the time my offense came to light I had people standing up and absolutely defending me to be on the board and even had neighbors go as far as insisting that I never move.
I completely understand I’m one of the few fortunate folks out there.
Part 2
Oh I forgot to add, NONE of this is punishment of course, just business as usual, nothing to see here folks.
When they burn us all at the stake like the witch trials, I guess that will not be punishment either. Almost, every time I call the police for vandalism or harassment I get told ” you should have thought about that before you committed a sex crime.
I wonder, when an ex murderer, robber or car jacker calls the police to say someone threw a rock at their window, do the cops say ” you should have thought of that before you killed, etc someone”?
This concerns me personally. Where I live they are trying to form an association so they can force me out. I explained to them two things.
First, I have lived here for the past 20 years, before all but two other residents even lived here.
Secondly, an association that was formed after residents bought, has many times been ruled that you cannot force someone to join an association ex post facto.
As for now, until they get a decision, they are using the power of Next door to harass me and my family. Yesterday I found several bags of dog doo in the driveway. Camera revealed who it was and police were called. They talked to the lady and she said ” OH, I sat them down for a second and forget them”.
If this gets passed, every single neighborhood in America will use it to block people on the registry from living there. When I first got released, I lived in an apartment, the registry then was very limited. After a few years I tried to move into a better apartment and was told by ALL of the places that I applied that I was not welcome there. The reason I was moving, the old apartments got tired of the police coming around to check on me randomly so they did not renew my lease.
I lived in a mobile home community in Michigan for 8 years and the mobile home community changed the rules that if you are a registered sex offender you may not live in the community. After 8 years i was forced to move. Just not right.
I don’t understand how a group of private citizens can determine where a man can or cannot live. If the law says he/she can live there, then an uppity HOA should have no say what so ever.