Lamprecht v. Tiara Abbey

Lamprecht wants to place signs advocating political candidates in his yard. When he's tried to do this in the past, he's been contacted by a trustee of Tiara at the Abbey Homeowners Association and informed he was violating a covenant that forbids most signs.

Jim Lamprecht vs. Tiara at the Abbey Homeowners Association in Jefferson County

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.

Lamprecht wants to place signs advocating political candidates in his yard. When he's tried to do this in the past, he's been contacted by a trustee of Tiara at the Abbey Homeowners Association and informed he was violating a covenant that forbids most signs, with a few commercial exceptions. Lamprecht is seeking:
• a declaratory judgment that the enforcement of the covenant prohibiting political yard signs violates the Missouri Constitution
• a declaratory judgment that Missouri Revised Statute § 478.070 violates the Missouri Constitution when it's applied to enforce covenants restricting political speech
• injunctions to prevent the future deprivation of his constitutional rights
• nominal damages
• costs
• attorneys' fees

A Missouri homeowners’ association prohibition on political yard signs violates the Missouri Constitution’s free-speech guarantee, a judge ruled today. 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 ruling 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.

“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.”