Decorating 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.”

— Code Of Ordinances for the City Of Gemantown, Tennessee

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.”

— Alexis Luttrell

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!

It’s Día de Muertos! Remember That Time When Disney Tried to Trademark It?

All publicity is good publicity—until the ghost of bad PR comes a knockin’.  

Earlier this year, Disney tried to argue that by agreeing to the terms and conditions of a Disney+ account, the account holder couldn’t sue them for wrongful death. They quickly backtracked after a huge outcry, but this isn’t the first time Disney has landed themselves in the court of public opinion due to their legal maneuvering. 

Disney’s legal arm is very long, experienced, and generally pretty successful. For example, did you know Disney impacted U.S. copyright law to the point that the 1998 extension is nicknamed the Mickey Mouse Protection Act? Currently, copyright lasts for the life of the author, plus seventy years after the author’s death. If you’ve ever wondered, huh, that seems rather long? Well, Disney, and other companies interested in protecting their IP, had a hand in that. 

Suffice to say, Disney has never been one to shy away from protecting their intellectual property. So with that in mind, you can sort of follow the logic behind the disastrous attempt to trademark “Día de Muertos.” 

“A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.”

— United States Patent and Trademark Office

A trademark is meant to identify the source of goods or services, provide legal protection for a brand, and help guard against counterfeiting and fraud. And back in 2013, Disney knew they wanted to make a film about the Mexican holiday Día de Muertos, also known as Día de los Muertos and Day of the Dead. So they decided to establish their trademark for the film.  

The idea was to trademark “Día de los Muertos” and any themed merchandise, such as “fruit preserves, fruit-based snacks, toys, games, clothing, footwear, backpacks, clocks and jewelry.”

Unsurprisingly, there was massive backlash. Día de Muertos is a beloved holiday in Mexico and observed throughout Latin America and in the U.S. It’s a time to honor loved ones who have passed and celebrate their memory. Even the suggestion that a U.S. based company would try to trademark such an important part of Mexican culture, inspired some passionate responses. The most memorable of which was political cartoonist Lalo Alcaraz’s take on the the situation, Muerto Mouse. 

Disney appears to have taken all that criticism to heart, as Alcaraz went on to join Pixar as a consultant for their Day of the Dead film. In this case, listening to the backlash resulted in a more authentic story that eventually became Coco. The film was wildly popular, especially in Mexico. Reader, I saw that movie twice in theaters. 

If you’re interested in learning more about Día de los Muertos, like the fact it’s actually two days, please check out this wonderful guide by the National Museum of the American Latino. There are a lot of ways to celebrate Day of the Dead and not a lot ways to get it wrong.

Unless you try to trademark it, of course.