Alexis Luttrell v. City of Germantown: Tennessee town cites woman for using skeletons in holiday decorations
Cases
Case Overview
For Christmas, some Americans hang multi-colored lights on their home or inflate a Santa outside. Some arrange nativity scenes in their yard. And others—inspired by A Christmas Carol’s ghosts, The Nightmare Before Christmas’s skeletons, or their own imaginations—incorporate spookier elements into their displays. But regardless of how Americans choose to celebrate a particular holiday, the First Amendment protects their creative expression in decorating their yards and homes.
The City of Germantown, Tennessee, however, wants to dictate how its residents celebrate holidays. Its Holiday Decorations Ordinance prohibits residents from having displays on their private property more than 45 days before or 30 days after the “intended” holiday.
Alexis Luttrell, a resident of Germantown, likes skeletons. She incorporates a pair of decorative skeletons into different holiday displays in her yard, including into her Christmas decor. But Germantown officials believe skeletons may only celebrate Halloween. So they cited Luttrell for violating the ordinance, threatening her with fines and an order requiring her to take down her decorations.
FIRE sued. Our lawsuit challenges Germantown’s Holiday Decorations Ordinance, arguing the content-based, viewpoint-discriminatory, and vague regulation violates Luttrell’s and other residents’ First Amendment rights. We are asking the court to strike down the ordinance and allow residents to express holiday cheer however they choose.
