Protect us from judges like this one

In case I haven't been clear on this before, I think homeowners' and condo associations are fascist. They're also perfectly legal, even while I consider them a dealbreaker should Amy and I ever buy a house. This column in the Sun-Sentinel deals with them only obliquely--it tells condo owners not to get too excited over a ruling which forces the city of Coral Gables to drop its law stating that owners of pickup trucks can't park in their driveways overnight. HOAs and Condo groups can get away with it because you're buying into an area with property restrictions, but the city can't make that kind of arbitrary rule, according to the judges in the majority.

Here's the judge we need protecting from:

Judge Leslie B. Rothenberg, who dissented in the Coral Gables case, said the truck's owner was "on notice regarding the city's regulations when he chose to rent at a location with no garage to park his truck at night."

He had "fair notice of the prohibited conduct" but chose to rent anyway, she said.
Change the class of person from truck owner to African-American or Jew--how does that change the tenor of Rothenberg's position?

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