Keep your government hands in our business

[kinvore.livejournal.com]

This weekend is Memorial Day weekend in the States, where we honor the men and women who died in military service. You'll see all kinds of patriotic fervor during this time, hell even PBS gets involved, but I'm not by any means complaining. Then we get stuff like this:

A property management company is under hot water for telling a tenant that after Memorial Day he has to take down an American Flag that he has on display in his window.

Here's what gets me:

Dawn Price said she now works to amend the federal Freedom to Display the American Flag Act of 2005, which states no "condominium association, cooperative association, or residential real estate management association" may stop someone from flying the American flag. The law, however, does not apply to renters.

First I'm amazed we even have such a law to begin with, and I'm even more amazed that they want it even more intrusive. I thought conservatives didn't want government telling business what to do? Did these tenants not read their contract before signing it? Shouldn't we let the market decide if this is a good business practice?

It just seems like an example of glaring hypocrisy. Freedom is a double-edged sword, and sometimes it means having to tolerate things you don't agree with.

Comments

[rasilio.livejournal.com]

The government should pass no such law and especially not the Federal Government.

Absolutely this should be a market solution and frankly it would be far more powerful if public demand caused the apartment complex to change their policy than a special interest group convincing a senator to get this bill tacked on to some otherwise irrelevant legislation so he can claim what a patriot he is during his next election.

[meus-ovatio.livejournal.com]

Why should the market regulate it?

[rasilio.livejournal.com]

Because the market regulates everything by aggregating the choices of millions/billions and so if enough people demand the ability to display flags in their windows for themselves and their neighbors property owners will have regulations that allow that out of their own self interest.

[meus-ovatio.livejournal.com]

Do you really think flag-flying is enough of a determining factor to exert such an idealistic market solution?

[rasilio.livejournal.com]

If it is not then why should the government impose it?

[enders-shadow.livejournal.com]

because the market isn't the solution for everything

[meus-ovatio.livejournal.com]

Because we live in a nation of sovereign citizens who have the power to make these sorts of decisions for themselves.

[a-new-machine.livejournal.com]

aggregating the choices of millions/billions and so if enough people demand the ability to display flags in their windows for themselves and their neighbors property owners will have regulations that allow that out of their own self interest.

You've just described democracy. The only difference is that instead of one man, one vote, you've got one dollar, one vote. That's not a justification for the market over democracy, though.

[rasilio.livejournal.com]

Incorrect because the market has no power to force things on you Democracy does.

In a Democracy if 51% of the population votes to enslave the other 49% then it sucks to be in the 49% but they outnumber you so suck it up and get to work. In the market 51% can offer to buy exclusive right to your services but they have no power to compel you to accept the offer.

[a-new-machine.livejournal.com]

That's pure democracy, which doesn't exist anywhere, for the reason you stated. In realistic democracy, if "millions. . . demand the ability to display flags in their windows for themselves and their neighbors" then laws get passed to that effect. Property owners "have regulations that allow that out of their own self interest" (IE not going to jail/getting fined).

BTW the market is closer to a pure democracy, at least with regard to issues of unfair choices. If 49% of the world wants a wildly expensive, but very necessary commodity or service (*cough*health care*cough*), tough cookies, have fun with the TB.

[tridus.livejournal.com]

The "market" doesn't exist in this area. Shelter isn't a luxury, it's a basic requirement for survival. Renters are by and large poorer then home owners and not in much of a position to make market demands or anything. You tolerate what the landlords tell you, or you go sleep under a bridge.

There are any number of areas where market solutions are abject failures.

[the-rukh.livejournal.com]

*cough*healthcare*cough*

[meus-ovatio.livejournal.com]

Yeah but the free market would efficiently manage bridge space and allocate the aggregate decisions of millions into the most free system of bridge-living.

[rasilio.livejournal.com]

Why yes, because there is only 1 apartment complex for me to live in, I have no choices whatsoever over where I live.

The real solution of course is that not everyone wants flags being flown in their community and as such some landlords would allow it and others would not leaving the people free to choose which they preferred and every one is (at least reasonably) happy.

Simply put if enough people wish the ability to hang flags from the windows of their rental property then there will be landlords who allow such because it will give them a leg up on their competitors who do not allow it. If there are not enough people who care enough about that capability then it is not an important enough issue to enough people for the government to get involved with in the first place

[magdalene74.livejournal.com]

do landlords generally dictate what kind of curtains someone hangs? i mean how intrusive does it get? In most states a landlord cannot interfere with a tenants quiet enjoyment of property they pay rent for, wouldnt this fall under that category?

[rasilio.livejournal.com]

Forget landlords, many Home Owners Associations do that to people who own their own homes (including the one I am a part of).

And no, an externally displayed object does not qualify as "quiet enjoyment" because it being viewed externally sends messages to prospective tenants and may drive business away.

If you want to hang a flag in your living room then there isn't much the landlord can say, but hang it externally and there generally is.

I should also note here, I do not agree with the restriction, I think it is a STUPID one that no tenant should take for one minute longer than they have to, I feel the same way about restrictions on curtains in the windows, what kind of flowers you plant in your yard, and all similar restrictions placed either by HOA's, Condo Associations, or Landlords. However my disagreement with the policy does not mean I believe that government needs to be butting into a private contract negotiation or telling the landlord what he must and must not allow on his property.

[magdalene74.livejournal.com]

i dont think the government should get into it but personally i think that anyone who is offended by a display of the american flag IN america needs to seriously consider whether or not they are happy here.. maybe they should move. maybe the french flag would be more pleasing to their eyes.

[a-new-machine.livejournal.com]

"Quiet enjoyment" is one of those inherited old-school English legal phrases that actually means "the right not to get kicked out by someone with a better claim to the property's possessory right." The covenant of quiet enjoyment guarantees that your owner is really the owner, and not someone with an inferior claim to ownership to someone else. The covenant allows you to make a damages claim against your supposed landlord when someone else with a better title kicks you out. It's been expanded in some states (to incorporate the implied warranty of habitability) but those generally cover things like "the roof not falling in on you" and "not dying from mold exposure," not positive rights to do X with the property.

[tridus.livejournal.com]

Never lived in an area with low unoccupancy rates, have you?

I have. Quite often there literally IS only one complex with space. Or you get the situation where I'm living now, with thousands of units in the city, owned by two companies.

This is not a free market.

[rasilio.livejournal.com]

Hmm, I was unaware that the constitution (or any other source for that matter) guaranteed you the right to live in that community under the terms of your choosing.

If you don't like the rules MOVE.

What, next you're going to say you have a right to live there rent free because the rental company has no right to charge you to use their property.

[tridus.livejournal.com]

Sure, it's not like I have a job I'd like to keep in this area or anything.

I'm amazed you "free market solves everything" people have re-emerged so quickly after the free market run amok completely blew up and took the rest of the economy down with it last year.

[ghoststrider.livejournal.com]

Considering that public demand would be what is sustaining your business...your Marketing Projections department would be sending your business into bankruptcy. You better fire them all real quick, or your shareholders will be firing you.

[ghoststrider.livejournal.com]

True, I see what you're getting at.