To the Editor:
Sandra Rzepecki in her letter states that restriction set out in a memorandum from the developer can override the rights granted under the United States Constitution. I probably need not say any more to show that her position is inane.
She may not be aware that for many years deed restrictions (as opposed to a mere memorandum) prohibited home owners from selling to blacks, Jews and sometimes Catholics.
In 1948 the Supreme Court held in Shelley v. Kraemer, that race restrictions in deeds were unconstitutional.
By that same reasoning the Constitutional First Amendment right to free speech, especially political speech (the heart of the First Amendment) cannot be forfeited by a memorandum or deed restriction or home owners association by laws.
Would Ms. Rzepecki find it acceptable if the developer put out a memorandum stating that Democrats, Jews, and blacks prohibit are prohibited from voting; or that every resident to vote for a certain political party.
I do not particularly like Donald Trump. But, I also do not like hypocrisy or people making mis-statements about the law. With all due respect: how ill informed are you Ms. Rzepecki?
James Markowski
Village of Hadley
