Private Communities v. Environment

http://www.nytimes.com/2009/10/11/us/11clothesline.html?partner=rss&emc=rss

Private communities often have rules against residents hanging laundry outside, due to it being an 'eye-sore', thus diminishing property values.

However, at least 4 states have already overruled the private communities with law stating the associations cannot forbid residents from drying laundry via clothsline due to the environmental cost of using dryers.

Those for the law:
"Proponents argue they should not be prohibited by their neighbors or local community agreements from saving on energy bills or acting in an environmentally minded way.


Those against the law:
"Opponents say the laws lifting bans erode local property rights and undermine the autonomy of private communities."

I wanted to share this article because of our discussion on federal & state regulation. Although this isn't an issue with the federal government, it's as if the state is playing the federal gov.'s role and the private communities are the states (minus the state's constitutional rights).

My Opinion:
While I am a proponent of using a clothesline, I'll have to agree with the opponents, in that the residents gave up some rights when becoming apart of the community (assuming residents sign an agreement). In my opinion, forbidding clotheslines is not a outlandish rule for a private organization (such as the Boy Scouts of America basically forbidding gays). Though it's a completely different case, read 'Boy Scouts Of America v. Dale'. In particular, read the majority opinion description in which "government actions that may unconstitutionally burden this freedom may take many forms, one of which is 'intrusion into the internal structure or affairs of an association' like a 'regulation that forces the group to accept members it does not desire.'"