The reason why I mention this here is because I find this situation intriguing. I am sure the clause about not putting up divisive signs or flags was inserted to prevent people from flying the conservative flag or the Nazi flag, which Lisa Jensen then thought reasonable. But a legal clause is shackled by the wordings, so the peace sign has became ‘divisive.’ The houseowners sign a contract giving certain powers to the Homeowners’ Association. As a libertarian might say, if they had problems they should find a house which does not require them to sign a contract with other homeowners or join an association which has less restrictive clauses. They joined the Homeowners’ Association by their own volition. No one forced them to. So they have to adhere to the contract. And if that is the case, how can one differentiate between the case of private clubs and business establishments in India not allowing certain dresses or certain kinds of people into their establishments. By the same standard even that is censorship. There, I assume, you would defend their right to discriminate, as the matter concerns their property rights.

One argument can be that a club owner is a single person and it is his property alone. But then consider the case that happened at Crossroads in Mumbai. The mall decided that they will only allow people with credit cards inside their establishment. If I had owned a small snack shop there and know that even people without credit cards are my customers, what am I to do. Since the majority of shops in the mall want to restrict entry, I am forced to oblige. Will that be considered censorship? Or would my asking them not to restrict entry to anyone else be considered censorship? The matter gets even more complicated if I as an owner of a shop inside Crossroads protest against the credit card restriction by saying that it is morally reprehensible as you are only catering to the elite and being exclusionary. What now? Is their freedom to discriminate in the private premises not being violated if I am allowed to have my way?

I don’t know the answers. But find problems associated with freedom much more complex than what Libertarians make it out to be. Hopefully you as an urban planner might be able to shed some light.