General Discussion
In reply to the discussion: Oregon homeowner's association refuses to let bus come into neighborhood to pick up a girl with [View all]ScratchCat
(2,753 posts)There is no federal civil rights issue. This has been litigated before in other States. This isn't an apartment complex. Its a single-family detached subdivision developed with an HOA. There aren't "public areas" or "areas of public accommodation". The "public" has no right to enter the subdivision. That's what negates the legal issue. It is all privately owned, and you legally agree to abide by the C&R's when you buy into the subdivision. The restriction is recorded and it has nothing to do with civil rights or federally-protected rights. This is a restriction against school buses - all of them. There is no federal protection for school buses. It doesn't matter that mail and garbage are allowed as most - if not all - city/county development codes require mail and garbage access. Who would buy into a neighborhood where they can't collect your garbage and you can't have mail delivered?
Again, the girl is not being prevented from going to school or accessing school - the bus is being prevented from going into a subdivision. No federal issue. If there was a federal issue regarding access to school for children living in gated neighborhoods governed by HOAs, then this type of provision would have been invalidated decades ago. It hasn't.