Legal Question in Constitutional Law in South Carolina
Do we as Citizens of the United States have the right to celebrate the Fourth Of July by shooting fireworks? My neighbors have been doing it for the past 12 years with nor harm nor injury to any person nor property. Now our HOA says NO FIRE works this year. Can they do that?
Thank you,
Nancy Hale
Asked on 6/27/11, 5:43 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Yes they can, if the homeowner's agreement gives them such authority. (It almost certainly does.)
There is no constitutional right to set off fireworks, but even if there were it wouldn't help you. The Constitution only limits the authority of the government, not of private entities like your homeowners' association. HOA's usually have a number of powers which would be unconstitutional if exercised by the government.
Answered on 6/27/11, 1:30 pm
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