Gerber v. Longboat Harbour North Condominium Association
United States District Court for the Middle District of Florida
724 F. Supp. 884 (1989)

- Written by Mary Phelan D'Isa, JD
Facts
Allen Gerber (plaintiff), an Air Force veteran and condominium unit owner at the Longboat Harbour North Condominium community, sued the condominium association to display the American flag in defiance of condominium’s restrictive covenants that only permitted unit owners to display the flag on designated days. Gerber alleged that the restriction violated his First Amendment rights. The association moved for summary judgment, contending that because it was not a government entity, the First Amendment as incorporated in the Fourteenth Amendment did not apply, and that because its proscription applied to all condominium residents, it was not wrongful. Added to the mix was a recently enacted state statute giving any condominium unit owner the right to display one United States flag “in a respectful way regardless of any declaration rules.” Gerber sought damages for his inability to exercise his rights before the state law passed on the theory that the proscription constituted a constitutional violation.
Rule of Law
Issue
Holding and Reasoning (Kovachevich, J.)
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