This is Where Freedom Dies: In Your Driveway

Fascism begins at home, in your neighborhood, and even in your driveway.

wake up smell fascism

Technically, the Orlandos don’t own their driveway. According to Syracuse.com:

The Orlandos have lived in Kimry Moor, which has 84 single-family homes off Mott Road near the village of Fayetteville, for about six years. The residents in the development own their homes, but the common areas, which include the driveways, are owned by the homeowners’ association, according to the bylaws.

Every lot has a driveway and a two-car garage.

But the Orlandos bought their home there and moved in on the understanding that they were permitted to park their vehicles in their driveway. Obviously, they have an exclusive right to use their driveway. Others are not allowed to park there without being invited. That is what the driveway is for. The Homeowner’s Association by-laws said that the driveway may be used for, “private, passenger-type, pleasure automobiles.”

David Orlando does not own a commercial driver’s license, nor does he own a commercial vehicle. He owns a four-door vehicle that can seat five people.

But it is a pickup truck.

The Homeowner’s Association is taking him to court to order him to stop parking it in the driveway.

Paul Curtin, lawyer for the Kimry Moor Homeowners’ Association, said the case “is a matter of restrictive covenants, and interpretation of those covenants.”

Curtin said a pickup “is not a passenger vehicle by definition.” Therefore, whether the truck is registered as a commercial vehicle or not is “not germane” to the case, he added. The Orlandos don’t own their driveway and need to comply with the rules, he said.

But Orlando is complying with the rules. What Curtin wants is for Orlando to comply with a groups incomprehensible and unpredictable whims. In fact, their targeting of Orlando’s pickup truck is arbitrary.

[See also, “Homeowners Association: ‘Take Down Sign Because It Violates Rules We Just Made Up.’]

David Orlando also said other people are parking pickups in their driveway. This past week a Syracuse.com/Post-Standard reporter saw a full size pickup with cap, a large van and a sports utility vehicle parked other driveways in Kimry Moor.

Orlandos’ lawyers said in court papers that the Orlandos’ pickup is a “private, passenger-type, pleasure automobile” and therefore is in compliance with the rules. 

Anyone who has seen the advertisements for pickup trucks is well aware that they are “pleasure” automobiles. Even if it was merely a two-door that would be true. But the picture on the article shows a four-door, so pretending that it doesn’t count is even more gratuitous.

The problem is that there are cases like this all over the country. The idea of leaving people alone or allowing an ambiguity in the rules to work in their favor is simply unthinkable for too many Americans. They impose on us a constant struggle for freedom.

Fascism begins on our streets. Even in your driveway.