I received a phone call from a representative of the Trilogy HOA on Tuesday, May 7th informing me that there were “several complaints” about me wearing my hat and shirt. The HOA representative told me that wearing such attire was considered “electioneering” and not allowed in any “common area” within the 3400-home Trilogy at Vistancia complex.
I asked if this pertains to just me, since I am a candidate for Peoria City Council, or if it applies to everyone.
I was told this applies to ALL residents in Trilogy.
I then asked if this applies to only local elections.
I was told that the HOA’s “electioneering” rule applies to ANY candidate running for ANY office. So a “Trump 2024” hat is banned within the entire Trilogy complex, as is a “Biden” shirt or any attire displaying any candidate.
I didn’t argue the fact, but chose to end this bizarre conversation and ponder it.
As a result of all this, the following day Wednesday, May 8th, an email was sent out from the HOA Board to all homeowners that “reminded” us there is to be no “Campaigning / Electioneering / Demonstrations / Protests / Picketing” on any common area. This included the two clubs in Trilogy, the “Commons”, the sidewalks, roadways and medians, landscape tracts/easements, parks, greenbelts, sport courts, golf course, and restaurants. This is pretty much EVERY area of Trilogy except for our private properties. According to this “rule” I can’t wear this shirt or hat when I’m taking my dogs for a walk in Trilogy!
I responded to the HOA via email that their mandate was such an “over-the-top violation of rights afforded by the 1st Amendment” that “I just cannot abide by it”, and that I would continue wearing my “Tom for Peoria” hat and my campaign T-shirt in the common areas of Trilogy.
Later that same afternoon, the HOA attorney called me at which time I clarified that the “rule” is in fact as outlined above. He confirmed that NO attire with ANY candidate’s name on it is allowed to be worn by anyone while in any common area of Trilogy.
Two days later I received an email from that HOA attorney, informing me that since I notified the “Association” that I am intending to intentionally violate the electioneering “rules” the Board will be considering sanctions. He said the Board has the authority to fine me, suspend my rights to the Common Areas (which is everywhere except my home and others’ homes), suspend my voting rights on HOA issues, and seek injunctive relief in the Courts if necessary.
He also stated that I have the “right” to request a hearing within the next fifteen days (by May 25th) if I would like to contest the matter. If I fail to request a hearing or fail to attend the hearing, the Board will make a decision whether and what consequences to impose without my input.
I am in the process of rounding up a Constitutional Attorney to fight this matter. The Trilogy at Vistancia HOA Board has a history of bullying the residents and the Board is HIGHLY unpopular throughout the community. This outrageous behavior is SUCH an egregious position taken by the Board that this is a hill I’m willing to die on! I plan on going toe-to-toe with them with the help of a powerful attorney in order to preserve not only MY 1st-Amendment rights but those of the entire Trilogy community – regardless of which candidate’s shirt or hat that they may choose to wear.
Tom Bottorf is running for Peoria City Councilman, Mesquite District (North Peoria/Lake Pleasant).