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In a significant move, the Germantown Board of Mayor and Aldermen voted unanimously to repeal the city’s holiday decorations ordinance during their meeting on April 28. This decision marks the culmination of discussions surrounding the regulations governing seasonal decorations.
Interestingly, no alternative decorations ordinance was proposed or discussed during the meeting.
The ordinance’s repeal followed a dispute involving resident Alexis Luttrell, who contested a citation from the city regarding her use of large skeleton decorations in her festive displays.
Despite Halloween passing, Luttrell chose to retain the skeletons in her yard, creatively integrating them into subsequent holiday displays. This action conflicted with Germantown’s ordinance, which mandated that decorations could only be displayed within a designated timeframe of 45 days before and 30 days after a holiday.
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In February, the Foundation for Individual Rights and Expression (FIRE) initiated a lawsuit on Luttrell’s behalf in the U.S. District Court for the Western District of Tennessee, arguing that the holiday decorations ordinance infringed upon her First Amendment rights.
Germantown’s attorney, David Goodman, expressed legal concerns regarding the ordinance after reviewing it. He advised the board to consider repealing the existing law in March, suggesting that this could pave the way for drafting a new ordinance if desired.
Subsequently, the city opted to dismiss the citation issued against Luttrell.
Source
www.yahoo.com