N.J. Supreme Court: Homeowners group can't order resident to remove political signs

PARSIPPANY Wasim Khan, a frequent Democratic candidate in Republican Morris County, hasnt won any elections, but Wednesday he scored a big victory in the state Supreme Court.

The court ruled 5-1 that the homeowners association at his Parsippany townhouse complex violated his free-speech rights when it ordered him to remove campaign signs from his window and door during his run for township council in 2005.

"Its a great victory for free speech," Khan said. "Im so proud of our Supreme Court and our state. Its incredible."

"Ideas cannot be fleshed out unless people have fearlessness that what they do will not have any repercussion," said Khan, 56, a physician who works in cancer research as a consultant to pharmaceutical companies.

The Mazdabrook Commons Homeowners Association ordered Khan to remove his signs, telling him the complexs rules allowed only "for sale" signs to be posted, according to court documents.

A judge in Superior Court found that the sign prohibition did not violate Khans free-speech rights, but Khan appealed. An appellate court ruled in his favor and yesterdays ruling upheld the appeals courts decision.

"Balancing the minimal interference with Mazdabrooks private property interest against Khans free-speech right to post political signs on his own property, we conclude that the sign policy in question violates the free-speech clause of the State Constitution," the court ruled.

The court noted the U.S. Supreme Court has called residential signs "a venerable means of communication that is both unique and important" and that has "played an important part in political campaigns."

Frank Askin, director of the Rutgers Law School Constitutional Litigation Clinic, who filed a brief supporting Khan on behalf of the American Civil Liberties Union, called the decision "a fantastic free-speech victory for the million-plus residents" who live in condominium or townhouse complexes governed by associations.

"Almost all of these associations have regulations banning signs," Askin said, "Its a very important decision."

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N.J. Supreme Court: Homeowners group can't order resident to remove political signs