Flowing Stream Townhouse Development's homeowners' association has adopted a rule that no owner can sell or lease his or her unit to a Tier 3 registered sex offender. Alice Strom is a Flowing Stream owner who has sold her townhome to a registered Tier 3 sex offender. The homeowners' association board has refused to allow the buyer to move into his townhome and has obtained a court injunction prohibiting his taking occupancy. Which of the following factors will the court consider in determining the validity of the rule?