>A city-enforced "residents-only" neighborhood, for example, would be 100% illegal.
Where? AFAIK gated neighborhoods are common all across the US, and in many cases (though not all) the roads within such neighborhoods are still owned by the city.
Where? AFAIK gated neighborhoods are common all across the US, and in many cases (though not all) the roads within such neighborhoods are still owned by the city.
edit: after looking into it, it appears that one common scenario is for an HOA to enter an agreement with the city where the city continues to provide street services on the community streets even though the streets are owned by the HOA. I'm not sure if that was the situation with my parents hood, but it certainly muddles the water a bit.
>With regard to law enforcement, the Texas Penal Code defines a “public place” as any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets ... In Woodruff v. State, 899 S.W.2d 443, 445-46 (Tex. App.–Austin 1995, no pet.), the defendant was arrested for driving while intoxicated on the grounds of Bergstrom Air Force Base. The court held that Bergstrom was a public place, even though it was fenced and the only entrance was through a guarded access gate. Is a gated community a place where a “substantial group of the public” has access? The answer is unclear. Some city police departments may adopt a policy to respond to certain types of calls from gated communities, but not others. Again, the problem involves the provision of public funds for private purposes, which is prohibited by the Constitution and state law.
From http://www.jgradyrandlepc.com/local-governmental-entities/ga...