Editor’s Note: El Paso Matters is partnering with Gigafact to produce “fact briefs” that examine claims about issues shaping our community.
YES
Texas Election Code does not allow property owner associations to enforce or adopt rules that prohibit political yard signs on owner’s property within certain covenants.
Property owners’ associations cannot prohibit political yard signs from being displayed up to 90 days before and nine days after an election date, the code states.
The code allows associations to require signs to meet certain size and placement restrictions, limit the number of signs that can be displayed, or restrict those that contain offensive content. The associations can remove signs that are in violation of its rules, according to the code.
Municipal governments in Texas also may not prohibit a sign from being placed, require a permit, fees or approval, or restrict their size.
Political yard signs are federally protected under the First Amendment and were recognized as “communication that is both unique and important” in a 1993 U.S. Supreme Court decision.
This fact brief is responsive to conversations such as this one.
SOURCES:
Texas Election Code
Campaign Signs, ACLUCity of Ladue v. Gilleo, Oyez (1993)
The post Does Texas law protect political yard signs on private property within homeowners associations? appeared first on El Paso Matters.
Read: Read More