A homeowner is suing her city council for trying to force her to tear down Halloween decorations which she converts to suit every holiday.
A woman in Germantown, Tennessee, named Alexis Luttrell, decorated her home with a skeleton and skeleton dog for Halloween. After the holiday passed, she used them for political signs during Election Day.
However, before transitioning to her Christmas decorations, Luttrell was notified by a Germantown code officer that she was breaching a city ordinance.
According to the policy, holiday decorations ‘shall not be installed or placed more than 45 days before the date of the holiday.’
They must also be removed within ’30 days, following the date of the holiday.’
Luttrell set about updating her skeleton display, adding an inflatable Christmas tree and Santa Claus to get in the festive spirit.
Then on January 6, just 11 days after Christmas, she received a citation from the city.
Despite Luttrell’s efforts to comply, the notice stated that she was still not following the rules. She was required to attend a court hearing on February 13, facing penalties and an order to stop displaying the skeletons.
A homeowner is suing her city council for trying to force her to tear down Halloween decorations which she converts to suit every holiday
Luttrell set about updating her skeleton display, adding an inflatable Christmas tree and Santa Claus to get in the festive spirit
She also faced having city officials enter her property to forcibly remove the display.
Luttrell is now suing the city, where the median household income is $140,429 and median property value is $477,703, for impeding upon her First Amendment rights, causing ‘irreparable harm.’
‘You don’t have to like my decorations, but that doesn’t mean Germantown has the right to force me to take them down,’ she said, according to her legal representative the Foundation for Individual Rights and Expression (FIRE).
‘This is America. Even our local government has to respect our rights.’
As per the lawsuit seen by DailyMail.com, Luttrell ‘designs her holiday displays to celebrate special events in a fun and whimsical way, bringing joy to herself, her family, and people walking by.’
‘Luttrell has suffered and continues to suffer irreparable harm due to the Holiday Decorations Ordinance’s prohibition on First Amendment-protected expression.’
FIRE attorney Colin McDonell said there is ‘simply no good reason for the government to care how and when a resident celebrates a holiday in their own front yard.’
‘When government officials try to stop that resident from expressing their holiday spirit to others, that violates the First Amendment.’
Luttrell is now suing the city for impeding upon her First Amendment rights, causing ‘irreparable harm’
For Valentines Day, Luttrell has shared rainbow-colored decorations, combining a celebration of LGBT communities with the day of love
Her attorney has argued that it is unconstitutional to discriminate against residents based on what a government official subjectively considers to be a decoration for a certain holiday
Her attorney has argued that it is unconstitutional to discriminate against residents based on what a government official subjectively considers to be a decoration for a certain holiday.
‘By refusing to permit Alexis’s skeletons as an acceptable Christmas display, Germantown is telling residents they have to celebrate Christmas the government-approved ‘right’ way, even if they have a macabre sense of humor or just enjoy ‘The Nightmare Before Christmas’,’ FIRE said.
They questioned how an official could dictate when an Orthodox Christian – who celebrates Christmas on January 7 – could put up decorations, or whether a Chinese resident would have to remove ‘Happy New Year’ signs on January 31, despite traditional New Year beginning on January 30.
For Valentines Day, Luttrell has shared rainbow-colored decorations, combining a celebration of LGBT communities with the day of love.
Others can display LGBT acceptance memorabilia year round, FIRE stated. This raises questions about whether her display would be allowed.
Luttrell has demanded a jury trial to prevent the city from enforcing any citations or rulings which would require her to tear down her display.
