N.J. Supreme Court: Fort Lee co-op board violated man’s free-speech rights in leafletting case
DECEMBER 3, 2014, 1:36 PM LAST UPDATED: WEDNESDAY, DECEMBER 3, 2014, 5:57 PM
BY PETER J. SAMPSON
STAFF WRITER |
THE RECORD
The New Jersey Supreme Court ruled Wednesday that the free-speech rights of a resident of a high-rise co-op building in Fort Lee were violated when the co-op’s board barred him from distributing leaflets under the doors of his neighbors.
In a unanimous decision, the court held that Robert Dublirer, a regular critic of the co-op board, had been denied a fundamental right guaranteed by the state’s Constitution.
In 2008, Dublirer sued the owners of the 483-unit Mediterranean Towers South complex, claiming a rule it enforced against him was unconstitutional.
Dublirer was contemplating a run for a seat on the board, but was denied permission to distribute campaign materials to residents. The board had previously distributed literature that criticized its opponents.
But the board cited a “house rule” that barred soliciting and distributing written materials without board authorization. The rule was intended to preserve the residents’ privacy and quiet enjoyment of their homes, and minimize litter.
“Dublirer’s right to promote his candidacy, and to communicate his views about the governance of the community in which he lives, outweigh the minor interference that neighbors will face from a leaflet under their door,” Chief Justice Stuart Rabner wrote in the 24-page decision.
https://www.northjersey.com/news/n-j-supreme-court-fort-lee-co-op-board-violated-man-s-free-speech-rights-in-leafletting-case-1.1145408
