Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 16, 2014
The Firm
201-896-4100 info@sh-law.comIf you live in a New Jersey condominium complex, you may notice an increase in flyers, advertisements, and other promotional material in your common areas. In Dublirer v. 200 Linwood Avenue Owners, NJ Supreme Court hold leaflet ban as unconstitutional.
As detailed more fully in a prior post, the suit challenged a house rule imposed on lessees of co-op units in a building known as Mediterranean Towers South in Fort Lee (Med South). The rule, entitled “Soliciting/Notices,” provides:
There shall be no solicitation or distribution of any written materials anywhere upon the premises without authorization of the Board of Directors.
Without prior consent of the Board of Directors, no sign or notice shall be placed upon the bulletin board, [in] the mailroom, in the halls, lobby, elevators or on the doorways. A bulletin board for residents[‘] use is provided [near] the rear door.
Plaintiff Robert Dublirer alleged that the co-op’s board of directors violated his rights under Article I, Paragraph 6 of the state constitution by denying his request to distribute literature in support of his candidacy for the board. While the trial court dismissed the suit, the Appellate Division reversed after finding that the leaflet rule was too restrictive.
The Supreme Court of New Jersey affirmed, finding that the leaflet ban ran afoul of the plaintiff’s free speech rights. In reaching its decision, the court consulted a number of the its prior decisions, including those related to restrictions imposed on visitors to private property. It also considered its ruling in Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association,which addressed challenges to restrictions on “political-like speech” aimed at affecting the manner in which a common interest condominium community was managed by its homeowner’s association.
After determining that existing precedent was “not a perfect fit,” the NJ Supreme Court established a new standard to evaluate restrictions on the right to free speech and assembly for residents of a private common-interest community. As explained by Chief Justice Stuart Rabner, courts must “focus on ‘the purpose of the expressional activity undertaken’ in relation to the property’s use … and should also consider the ‘general balancing of expressional rights and private property rights.’”
In this case, the court determined that the outright been went too far and had the effect of chilling political speech, “which is entitled to the highest level of protection in our society.” The court further noted that the “proposed speech would interfere only minimally with the interests of the apartment building and its residents.”
“Dublirer did not seek approval to use a bullhorn or a loudspeaker, or to erect a large sign in the lobby,” Judge Rabner added. “And residents could simply ignore or throw away any literature he placed under their doors.”
With regard to what type of restrictions would be permissible, the court indicated that co-op boards could limit the amount of material distributed by one person or the time of the day it is delivered.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!