Res judicata (claim preclusion) prevents an entire case from being relitigated once a court has finally rendered a decision, while collateral estoppel (issue preclusion) prevents specific questions that were already decided from being argued again. Together, these rules help courts avoid repeat litigation, thereby avoiding the Groundhog Day phenomenon, and ensuring that court decisions bring real closure.
Read moreDecorating for the Holidays? Beware Late Fees!
It’s the holidays, and one way to spread cheer is by decorating! Adorning your familiar haunts is one of people’s favorite things about the season. But even though Halloween is over, there’s still one scare you should be on the look out for. Fines!
Holiday cheer or not, rules still apply. We’ve all heard about the terrifying grip of an HOA, but local ordinances can also seem overzealous and restrictive. From parking on your own lawn to no visible trashcans. And while HOA restrictions on how long your holiday decorations can stick around are well known, they can crop up in your local government too.
But what happens when you get in trouble, and you were following the rules?
In 2024, Alexis Luttrell decorated her home for Halloween with an 8 foot skeleton and a skeleton dog. With the election right around the corner, Luttrell decided to update her skeletons, rather than take them down. She put up campaign signs, flags, and ghosts. However, in December, Luttrell received a notice from the city of Germantown, Tennessee.
The letter stated her decorations were passed the 30 day mark from Halloween, which was the max allowed for them to stay up. Also included in that 30 day countdown, are any decorations put up 10 days prior to the event. Talk about a short leash!
“Holiday and seasonal decorations, including, but not limited to, holiday lights on houses or in the yard or shrubbery, yard ornaments or decorations, and the like, shall not be installed or placed more than 45 days before the date of the holiday for which said decorations are intended and shall be removed within a reasonable period of time, not to exceed 30 days, following the date of the holiday for which said decorations were intended. Holiday lights, even if not illuminated, are not permitted to remain on any house or structure year-round.
”Temporary residential and non-residential lighting displays shall not be installed or placed more than ten days prior to the special event and no more than 30 days total.”
Luttrell thought that she could dress her skeletons for the new holiday—Christmas, and that would take care of it. She adorned them with Santa hats, tinsels, and added yard decorations to boot. But in January 2025, she received a second citation. This one with a court summons.
Since the code did not mention skeletons, Luttrell did not believe the city could prohibit their display as part of other holiday decorations. It was, to her, a violation of her First Amendment rights. Free speech advocates agreed, and many reached out when the news broke about the fight brewing in Germantown.
One such group was the Foundation for Individual Rights and Expression, FIRE. They represented Luttrell and brought a federal suit against the city. All the while, Luttrell continued to dress her skeletons for the holidays. (Valentine’s Day included).
Luttrell ended up coming out on top, with the charges against her being dropped in March. The city agreed to a settlement of $24,999 in April, and they also repealed the ordinance! Luttrell and her team considered this a win for free speech. She simply couldn’t see the harm in what she was doing and had stated early on, “A little whimsy and positivity in these times — why can’t we have more of it?”
It seems like the City of Germantown has come around. Luttrell, and any other resident who feels like being creative and nontraditional with their seasonal decorations, can now express their holiday joy freely.
“Not only am I no longer at risk of being fined for my skeletons, the unconstitutional ordinance is now dead and buried. Today is a victory for anyone who has ever been censored by a government official and chose to fight back.”
Luttrell was actually a law school graduate herself and was savvy enough to recognize the limitations of the ordinance the city tried to use against her. You too can arm yourself with the knowledge you need to defend yourself! Municipal codes can be looked up at no cost, and if you live in an HOA, you can access your rules and restrictions as well.
Don’t let the citation boogeyman chill your holiday cheer! Stay informed, and have a great holiday season!
Beneficios SNAP en Riesgo — Así es como puedes obtener asistencia alimentaria en Houston.
Debido al cierre del gobierno, millones de familias verán su asistencia alimentaria federal SNAP detenida. Si tú, o alguien que conoces, necesita asistencia alimentaria, por favor utiliza esta guía para localizar centros de distribución de alimentos y otros recursos comunitarios en el área metropolitana de Houston. Nadie debería tener que enfrentar una mesa vacía en soledad.
Read moreThe Baseball Rule: Crying Foul or Reasonable Reassessment?
Happy baseball season!! Another year, another opportunity to repeatedly throw on your Astros gear and remind everyone who’s the best in the AL West.
Read morePresidential Actions: An Explainer
The arrival of a new president brings with it much change. The White House issued 26 Executive Orders on the first day of the new term on a range of topics including immigration, the economy, crime, energy, the environment, and government operations.
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