Germantown repeals holiday decorations ordinance that led to First Amendment lawsuit

The Germantown Board of Mayor and Aldermen unanimously approved the 3rd and last speechmaking to repeal the city’s vacation decorations ordinance during its April 28 meeting.

There was nary treatment by the committee astir a caller decorations ordinance.

The propulsion to scrap the ordinance came aft nonmigratory Alexis Luttrell fought a citation fixed to her by the metropolis implicit her usage of elephantine skeleton decorations successful assorted outdoor vacation displays.

Luttrell kept the skeleton decorations successful her gait aft Halloween, incorporating them successful different vacation displays. That violated Germantown's ordinance that dictated decorations could lone beryllium displayed 45 days earlier and 30 days aft their intended holiday.

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The Foundation for Individual Rights and Expression (FIRE) filed a suit connected Luttrell’s behalf successful February successful the U.S. District Court for the Western District of Tennessee against the City of Germantown, claiming the vacation decorations ordinance violated Luttrell’s First Amendment rights.

Germantown lawyer David Goodman told the committee aft reviewing the ordinance that helium had immoderate ineligible concerns astir it.

"I would urge that the ordinance arsenic written would beryllium repealed," Goodman said successful March. "If the committee yet does repeal (the ordinance), we would past person an accidental to look into perchance drafting a replacement ordinance."

Germantown aboriginal moved to disregard the citation against Luttrell.

Corey Davis is the Collierville and Germantown newsman with The Commercial Appeal. He tin beryllium reached at [email protected] or 901-293-1610. 

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This nonfiction primitively appeared connected Memphis Commercial Appeal: Germantown repeals vacation decorations ordinance: Why and what's next