by Pa Rock
Citizen Journalist
Senator Rand Paul of Kentucky suffered serious injuries last week when he was attacked by a neighbor. The incident reportedly occurred just as Paul finished mowing his yard and was getting off of his riding lawnmower. The neighbor tackled him from behind and threw the senator to the ground. Paul suffered five broken ribs in the ensuing melee as well as bruised lungs and cuts to his face and neck. He was apparently wearing noise-cancelling headphones at the time of the attack and did not hear his neighbor approaching. The neighbor was booked on a misdemeanor assault charge and released on $7,500 bail.
Paul, a former opthamologist, and his neighbor, a retired anesthesiologist, at one time worked at the same hospital and now have adjoining properties in a very exclusive gated community south of Bowling Green, Kentucky. Neighbors indicate that the dispute may have been a result of the attacker's unhappiness over the state of the senator's yard. Rand Paul, a devout libertarian, is believed to have a high regard for the rights of property owners and almost no regard at all for bureaucratic agencies which attempt to set limits on the use of one's property - agencies like homeowner's associations (H.O.A.'s) which establish and enforce community standards for neighborhoods.
Some of the residents of the neighborhood suggested that long-term unpleasantness might have existed between the attacking neighbor and Rand Paul over the senator's leaves not being raked, saplings growing willy-nilly on his property, and the pumpkin patch and compost pile in his yard.
There may have also been a communication issue. Senator Paul said that he and the offending neighbor had not spoken in years. They will be speaking now, albeit through lawyers.
Rand Paul, a fierce advocate for individual liberty, probably realizes by now that freedom is never free. The neighbor most likely kicked the crap out of the senator once he had thrown him to the ground - as the five broken ribs would indicate - and the people who have probably fantasized about doing something similar to the show-boating libertarian politician could probably fill the Bowling Green Walmart. But physical violence never resolves anything - not in wars, not in families, and not in neighborhood disputes.
A better approach would have been to fire up the other neighbors, take the grievance to the HOA or its equivalent, or hire lawyers to sue - rather than to defend after the damage has been done.
Either that, or jump the fence late at night and smash his pumpkins!
Get well, Senator Paul, and forgive your neighbor his trespasses!
Citizen Journalist
Senator Rand Paul of Kentucky suffered serious injuries last week when he was attacked by a neighbor. The incident reportedly occurred just as Paul finished mowing his yard and was getting off of his riding lawnmower. The neighbor tackled him from behind and threw the senator to the ground. Paul suffered five broken ribs in the ensuing melee as well as bruised lungs and cuts to his face and neck. He was apparently wearing noise-cancelling headphones at the time of the attack and did not hear his neighbor approaching. The neighbor was booked on a misdemeanor assault charge and released on $7,500 bail.
Paul, a former opthamologist, and his neighbor, a retired anesthesiologist, at one time worked at the same hospital and now have adjoining properties in a very exclusive gated community south of Bowling Green, Kentucky. Neighbors indicate that the dispute may have been a result of the attacker's unhappiness over the state of the senator's yard. Rand Paul, a devout libertarian, is believed to have a high regard for the rights of property owners and almost no regard at all for bureaucratic agencies which attempt to set limits on the use of one's property - agencies like homeowner's associations (H.O.A.'s) which establish and enforce community standards for neighborhoods.
Some of the residents of the neighborhood suggested that long-term unpleasantness might have existed between the attacking neighbor and Rand Paul over the senator's leaves not being raked, saplings growing willy-nilly on his property, and the pumpkin patch and compost pile in his yard.
There may have also been a communication issue. Senator Paul said that he and the offending neighbor had not spoken in years. They will be speaking now, albeit through lawyers.
Rand Paul, a fierce advocate for individual liberty, probably realizes by now that freedom is never free. The neighbor most likely kicked the crap out of the senator once he had thrown him to the ground - as the five broken ribs would indicate - and the people who have probably fantasized about doing something similar to the show-boating libertarian politician could probably fill the Bowling Green Walmart. But physical violence never resolves anything - not in wars, not in families, and not in neighborhood disputes.
A better approach would have been to fire up the other neighbors, take the grievance to the HOA or its equivalent, or hire lawyers to sue - rather than to defend after the damage has been done.
Either that, or jump the fence late at night and smash his pumpkins!
Get well, Senator Paul, and forgive your neighbor his trespasses!
1 comment:
The HOA is not a governmental body. It is created by the Covenants and Restrictions drafted by the landowner(s) at the creation of, typically, the platted subdivision or shortly thereafter, by consent of all the landowners. The HOA regulations sound not in the Law of Contract but of an elevated version, that of Covenant. To feather this down even more the Covenant and Restrictions constitute a "real covenant" where "real" means this agreement runs with the land. "Real" covenants are then distinguished from "title" covenants which are conveyed, typically, by deed. "Title" covenants cover what the Law of Property commonly calls the "bundle of sticks." Property as a whole, or "fee simple" is referenced as the bundle of sticks. The sticks include the right to sell, to lease, to the quiet enjoyment of property, to grant easements, and many more.
All this to say that if the dispute was triggered by conditions of the lawn then it is a Libertarian nightmare because the property owners, not the government brought this upon themselves. It is true that violations of the Covenants and Restrictions can be brought to a court of competent jurisdiction for injunctive relief. Courts will overturn these Covenants and Restrictions only when changing circumstances compel them so to do. Such relief was widely granted to overturn racially restrictive covenants and restrictions in the 1960’s and 1970’s. When the character of the community has changed then the court will not always enforce the covenant. That changing character of the community concept is why HOA’s fiercely enforce their covenants and restrictions and their by-laws.
Senator Paul’s neighbor could easily have been charged with the Class D felony of Wanton endangerment in the first degree:
508.060 Wanton endangerment in the first degree. (1) A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person. (2) Wanton endangerment in the first degree is a Class D felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 70, effective January 1, 1975.
But then the rich never swing.
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