Phil Kane

On Sat, 5 Jul 2008 08:02:13 -0400, "J. Clarke"
<jclarke.usenet@cox.net> wrote:

>Also, conlaw 101, the First Amendment restricts the powers of
>government, it does not prevent private entities from setting their
>own rules for what may and may not be done on their property, nor does
>it prevent them from enforcing those rules.

We ran into that in a slightly different form in one of the two radio
antenna cases that I have lost in my career. In a case involving
enforcement of a Restrictive Covenant against construction of radio
antennas at one's residence, we claimed that a state court enforcing a
civil contract term such as that constitutes "state action" which for
this purpose was preempted by Federal law. We relied on the famous
case of _Shelley v Kraemer_ which banned racial discriminatory
covenants in real estate contracts.

The Court of Appeal disagreed, saying in essence that our case didn't
have the pizzazz of the Shelley case!

You win some, you lose some...
--

"Stand Clear of the Closing Doors, Please"

Phil Kane - Beaverton, OR
PNW Beburg MP 28.0 - OE District