WW8N tower court case could set a precedent for all US amateurs

Or, more philosophically, who decided that intolerance of peaceful activities could be incorporated into rules and regulations?

 

Seems to me that term "necessary" ought to come in for some more legal consideration...

 

KE5JC In many of cases like this, moving into a controlled neighborhood usually happens before the person becomes a HAM radio operator and moved there to please the Spouce. Becoming a HAM radio operator therefore necessitates the desire for a better antenna system and the battle is on. The general public accept CELL towers everywhere because they use them, so why the bitterness with a smaller ham tower? Good luck.

 

I must point out that the original post stated "All Hams". This means HOA's also.

 

I was a typical kid, living in an HOA controlled subdivision without knowing it, because that's where my parents chose to live when I was 8 (in 1959). I discovered ham radio 6 years later and put up a 35 foot tower with a 2-element homebrew 15M beam on it. We got slapped with a lawsuit by the developer, who claimed my antenna was devaluing all other properties in the area and that we had not sought approval from the architectural control committee for my "structure". Evidently he did not notice the 50 foot CB antenna nearby, nor the many power poles. My dad was thankfully not about to let a jerk like that ruin a budding hobby that I had finally resonated with.

So we went to court. Luckily we lived in Scottsdale, AZ, so we were able to have ops from K7UGA's station come by and offer testimony. Our lawyer had the help from ARRL, and we even showed 8mm film of the area. While you couldn't see my antenna, you could sure see the telephone/power poles and wires. The judge asked the plaintiff what one is supposed to do about those. His answer was priceless: "You blot them out of your mind." At that point, we knew we had won. We finally sealed the deal by arguing that the architectural control committee was formed with only two, not the required three members, and was thus illegal. They put me on the stand and the prosecutor asked me how the antenna worked. So I dutifully drew a picture of the antenna and a beam radiation pattern. They told me later the courtroom was in stitches watching a 15-year-old explain technical terms that most of the adults did not understand.

We did in fact win, but it cost my dad a lot of money to enable my hobby. I think most people would give up. If we are indeed a national resource (and we are), then the public needs to get over its desire for a pristine environment and let us be.

73,
Brian, W0DZ

 

"Mentally ill"l? "Stupid people"? "Ego's and mini empires"? I won't go into your name calling. However, I would ask you to use spell check on your next post.

 

The ARRL attempted to get the FCC in 2000 to expand PRB-1 to CCR's but was denied.

http://wireless.fcc.gov/services/index.htm?job=prb-1&id=amateur&page=4

 

I am wondering the same thing when they vote Democrat

 

I must point out it also said if your state has a PRB-1 Clause this will help you so how will this help "All Hams" if your state doesn't have a PRB-1 Ordinance enacted again, The title is misleading .


" In my discussion with League General Counsel, Chris Imlay, W3KD, it appears that the leadership of the League views this appeal as being one of precedential significance, not only for Ohio amateurs, but also for amateurs in other states that have passed state versions of FCC regulation PRB-1."

 

Let's not get into politics. Makes for the nasty coming out in people.

 

PRB-1 has nothing to do with CCR's. Period.

 

The core problem, I believe, is that c c & R's and HOA restrictions are a means being used by developers to employ restrictive covenants. Left unchallenged, this is growing broadly to include municipalities outside of HOA's and 'developments'! Like a 'cancer', this is beginning to take-up much of where any 'ham' can find to live and practice our hobby!

 

It is an unfortunate reality that a very large percentage of home-buyers and condo buyers are lured into the serenity of such ''cookie-cutter'' developments. These developers present their works with beautiful pictures and guarantees of protection from (what many consider) ''eyesore'' conditions! Remember that ''hams'' are a very small portion of our population and they consider us as 'insignificant'! The danger here is that this attitude and progression is consuming almost any available land and places to live where anyone can practice their hobbies and past time!!
Not much unlike the attitude....'' not in my backyard''.....with regard to installations of solar, wind or other energy source development!

 

CC&R's are a symptom of our obsession with cleanliness. Some want an absolutely pristine environment, not because it's cost-effective, but because we can. Thus, they give us regulations to stop us from producing oil because it's dirty, from nuclear energy because the waste is not clean, from erecting towers because it might obstruct someone's view of the mountains, etc. China has no such restrictions, so they are thriving while we suffocate in our own taxes and regulations. Where is it written that once you CAN do something, you MUST do something? Wind power is not cost effective and kills lots of birds, but the government subsidizes it (i.e., we pay for it) so we can say we are using green energy.

Ever notice how much we are regulated these days without actual laws? Congress has gotten around gridlock caused by its inability to agree on anything by creating agencies that can make rules that we have to live by, but there is little oversight to make sure these agencies don't overstep their bounds.

But HOA's and CC&R's prove that we don't need government to step on our rights. We do it to ourselves quite effectively.

Someone said that it's silly for hams to purposely move into an HOA-regulated community, and I agree. But I argue that many people discover ham radio AFTER they have moved there, only then discovering that they have no rights to do what they want.

 

Thank you Fred, although it probably won't help eliminate the HOA/CC&R comments. Could you please post links to the filings as they are made so those of us interested can follow the case. And are the original case and appeal available ? Thanks...