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Liability Not Limited In These Cases

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By TOM JACKSON

tjackson@tampatrib.com

Published: January 7, 2009

This may ring as odd, considering the auspicious, history-shaping event lurking less than a fortnight ahead, but evidence suggests most of us still harbor that most fundamental characteristic that defines Americans: the desire to be left alone.

Never mind the pending inauguration of Barack Obama, who prevailed on a platform promising all things to all people. Obama's vow of governmental activism notwithstanding, look how we confront modestly invasive governmental and quasi-governmental operations. We recoil. We complain. We bleat. And we sing from the ancient hymnbook of liberalism: "Don't they have anything better to do?"

Examples abound, but space and attention spans are limited, so I will address three at my elbow.

Police State Volunteer
D.K. Johnson, a Lake Padgett Estates East resident and no fan of aggressively enforced deed restrictions, faxed a marked-up copy of October's "Eastside Scoop," the community newsletter.

Signing himself "Fed-Up Homeowners," Mr. Johnson irritably notes the contributions of a board member who recoils at being accused of Gestapo tactics; denies interest in "running anyone's life in this community"; and suggests those who would rather not be confined by El Pee Double-E's prescriptions "should purchase a home in a non-deed-restricted neighborhood."

Mr. Fed-Up decries the "police state" in which he (presumably voluntarily) resides, where the HOA enforces only the usual deed restrictions.

Similarly, the tale of Joseph Prudente, a 67-year-old retired nurse jailed in October for neglecting a court order connected to a prolonged violation of a Beacon Woods mandate - homeowners are to maintain lawns - resonated with folks who think the constitutional penumbra involving privacy trumps deed restrictions.

The St. Petersburg Times recently updated the saga - a ringleader in the re-sodding of Prudente's yard apparently teeters near bankruptcy - while taking pains to declaim headlines atop the original stories. Prudente was not imprisoned for keeping a brown lawn, but for ignoring a legal court order to address his contractual obligation.

Nonetheless, the original reaction from the public was swift and vitriolic, wishing pestilence upon the HOA president.

Certifiably Dismissive

Which brings us to a substitute teacher miffed about the $5.32 Pasco County spent sending a certified letter announcing a pending lien on her house. Months before she'd received a street light assessment, and figured if she didn't pay it, an explanation would follow.

Like Prudente, she thought to ignore her problem into oblivion. When that didn't happen, she blamed the county for "wasting" money to get her attention, especially when school kids are going without science books. Writes Pam: "Couldn't someone have used a little common sense?"

Trust me on this: The county will recover its postal costs.

As for common sense, these three episodes reveal a sliver of the heartache that attends individuals who fail in its practice. Want to be left alone? Live up to your responsibilities.

Those thus predisposed don't wonder whether "they" don't have something better to do. "They" are making sure others don't slide. And they're doing it for you.

Tom Jackson can be reached at (813) 948-4219.

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