Home » About » Newsletters » February 2001
"ACLU fights censorship at Davie mobile home park"
Alessandra Soler
Editor/Public Education Director
Residents of Park City Estates aren't too thrilled these days with management at their Davie trailer park, and they've created a lively, candid newsletter dubbed The Parrot to express themselves in writing.
The resident-produced newsletter, edited by Gary and Barbara Hardin, spells out grievances that include everything from polluted water supplies and unpaved streets to binding covenants and neighborhood traffic enforcement. Problem is, management has not been very supportive or responsive, and is now asking a Broward County court judge to make it illegal for the irked residents to continue griping on paper.
The Park City Management Corporation, which oversees the daily operation of the trailer park, filed suit late last year against numerous residents and trailer park owners. The suit specifically claims residents Gary and Barbara J. Hardin are illegally operating an at-home business by producing and distributing the newsletter without a valid license - an alleged violation of the town's zoning restrictions.
Prior to filing the lawsuit, however, city officials investigated the complaint against Hardin and found it to be groundless since The Parrot is nothing more than a non-profit newsletter written and distributed by residents.
The complaint also claims the "Parrot Nests" - newspaper distribution boxes placed throughout the mobile home park - are in violation of park rules and have "a detrimental visual appearance to the community as a whole."
Shortly after residents were sued by management, the ACLU of Florida and its Broward County Chapter stepped in and filed a counter-suit in 17th Judicial Circuit County Court in Broward in defense of the residents' free speech rights, claiming management is attempting to create a "First Amendment free zone" in an effort to "muzzle The Parrot" and prevent residents from hearing or reading anything critical of management.
The Parrot has been met with strong opposition since the very beginning. Management refused to allow residents to distribute The Parrot in the common areas set aside for community residents and prohibited residents from posting it on community bulletin boards. Also, despite the fact that management itself displays numerous business cards of individuals operating businesses from their homes in the mobile home park, management claims that the Hardins are in violation of park rules prohibiting home businesses, and are fining them $75 per day. The ACLU claims, in its countersuit, that the rule that grants management the authority or "right" to fine the homeowners was not enacted in accordance with two Florida statutes and is, therefore, illegal.
In its counter lawsuit, the ACLU denies the allegations, affirming the fact that the "Parrot Nests" are on public right-of-ways, which management has no authority to regulate. Also, property managers claimed the "Parrot Nests" were in violation of a park rule prohibiting any types of "signs" other than mail boxes on residents' properties. However, many residents have separate newspaper boxes in addition to their mail boxes, and there are already many existing "structures" in place throughout the mobile home park.
The suit also claims that the management company is using its rules and regulations "as a guise for restricting or limiting homeowners' free speech rights under Florida law," and that it failed to publish an annual financial report of the actual, total receipts of mandatory maintenance fees received, and an itemized list of expenditures.
The Park City residents are represented by Ephraim Hess and Colleen O'Loughlin of ACLU's Broward County Chapter and Randall Marshall, ACLU of Florida Legal Director.
