Nov 17 2006
Collision of the Public and Private Spheres
Just read an article about “HOA Rule Forbids Couple To Smoke In Their Own Home”
I am interested in this story because I wrote a paper on state, public and private sphere. My point is: in the West, traditionally, each is respected for its own “sovereignty”. But in China, state dominates the other two.
Of course, nothing is absolute. In the U.S., there is plenty of evidence of state interfering in private life (eminent domain came to mind, marriage laws, etc.) The story cited above is an example of public (or community) rule interferes with private functions. But the setting–a condo–makes it even more interesting: the close proximity gives communal authority so much legitimacy all of a sudden.
Similar smoking bans have been tried in Pennsylvania (no smoking in car while minors are present), Maryland (Montgomery county ordinance regarding townhomes). HOA has long been pain in the ass (a while ago, a NYT/WP article talked about HOA fined a home owner because he didn’t place his trash bins in the backyard). Now when those two issues come together, in a condo setting, something interesting gotta happen.
Both sides appealed to the state and the state ruled in community’s favor. Fun, fun, fun!