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Housing authority demands Las Vegas mother take down Kamala sign

Housing authority demands Las Vegas mother take down Kamala sign

LAS VEGAS, Nev. (FOX5) – A Las Vegas mother who plans to go to law school was told to take down her support signs for Kamala Harris and Sen. Jacky Rosen from her apartment window. On Wednesday, FOX5 visited the complex in question in the Spring Valley neighborhood.

“I actually chose these signs over the yard signs because I thought, oh, they might complain about them,” Whitney Shepard explained. Shepard never imagined the backlash she would get over the two standard-sized campaign signs in her front windows. So far, she has received two letters from management and another from an attorney demanding that the signs be taken down.

“They told me if I didn’t make it by the weekend, I would be fined $30,” Shepard revealed.

“Please remove sign from window” is handwritten on a piece of paper next to the highlighted section about window coverings in your lease.

“I know my lease doesn’t say anything about signs… I put it up because it’s important to me, and I felt like asking me to take it down would silence me,” Shepard claimed.

The aspiring law student, who is now studying for her LSAT, responded with a letter citing the law and refused to be intimidated. Shepard wants to be a role model for her 9-year-old daughter, Winter, just like Kamala Harris. The mother-daughter duo attended her rally at Thomas and Mack at UNLV last weekend.

“For her to be able to look back … and see someone who looks like her, it just means a lot to her,” Shepard said.

What are the rules for posting political signs in apartment complexes, condominiums, or even homeowner-run communities?

“We as Nevadans must understand that we have a right to the First Amendment and that this right is strongest in our own country,” argues Jacob Smith, an attorney for the American Civil Liberties Union of Nevada.

Smith says political symbols are not only protected by the First Amendment to the Constitution, but also enshrined in Nevada state law.

“A lot of people are afraid of the fines or just pay them when they get harassed by these HOA organizations … restricting political speech is a huge, huge concern,” Smith explained. The ACLU told FOX5 there are some rules that can be enforced, such as the number and size of signs.

Shepard told FOX5 that during the back and forth with her apartment management, she was told her rent would increase when her lease ended in the fall. To avoid revealing where Shepard lives, FOX5 is not naming the complex.

FOX5 contacted the apartment complex Wednesday afternoon but has not yet received a response.

The ACLU of Nevada has released these NRS sections on campaign signs:

NRS 116.325 Right of unit owners to display political signs in designated areas; conditions and limitations on exercise of this right.

1. The Board shall not prohibit, and the governing documents shall not prohibit, an owner or resident of a housing unit from placing one or more political signs in a physical part of the housing complex to the exclusive use of which such owner or resident has a right under the following conditions:

(a) The size of political posters displayed shall not exceed 24 inches by 36 inches.

(b) If the unit is occupied by a tenant, the owner of the unit shall not post a political sign unless the tenant consents in writing to the posting of the political sign.

(c) All political posters displayed are subject to the applicable legal provisions on the display of political posters.

(d) The owner or occupant of a unit may display as many political signs as he or she wishes, but not more than one political sign per candidate, political party or ballot issue.

2. The provisions of this section establish the minimum rights of an owner or resident of a unit to display political signs. The provisions of this section do not prejudge any provisions of the administrative documents granting broader rights, and do not require the administrative documents or the board to impose restrictions on the display of political signs other than those established by other provisions of law.

3. For the purposes of this section, a “political sign” means a sign that expresses support or opposition to a candidate, political party, or ballot issue in a federal, state, local, or associational election.

NRS 116B.715 Right of unit owners to display political signs in designated areas; conditions and limitations on exercise of this right.

1. The Board shall not, and the governing documents shall not, prohibit an owner or resident of a unit from posting a political sign in any portion of the apartment hotel which the owner or resident is exclusively authorized to occupy and use, provided that the political sign shall not exceed 24 inches by 36 inches in size.

2. The provisions of this section establish the minimum rights of an owner or resident of a unit to display a political sign. The provisions of this section do not prejudge any provisions of the administrative documents granting broader rights, and do not require the administrative documents or the board to impose restrictions on the display of political signs other than those established by other provisions of law.

3. For the purposes of this Section, a “political sign” means a sign that expresses support or opposition to a candidate, political party or election issue.

(Added to NRS by 2007, 2248)

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