Woman from Tennessee Resolves First Amendment Legal Dispute Over Imposition of Fine for Halloween Decorations Displayed
Germantown, Tennessee, has settled a First Amendment lawsuit filed by a local resident, Alexis Luttrell, regarding holiday decorations. The city faced criticism for citing Luttrell for maintaining decorative giant skeletons on her property after Halloween, which the town initially deemed a violation of its holiday decorations code.
As part of the settlement, Luttrell will receive approximately $25,000 from the city, and Germantown has repealed the contested holiday decoration ordinance. In a statement, Luttrell expressed her gratitude for the city's action, stating, "Not only am I no longer at risk of being fined for my skeletons, but the unconstitutional ordinance is now dead and buried."
The lawsuit, filed by the Foundation for Individual Rights and Expression, alleged that the ordinance, specifically Ordinance 11-33, was unconstitutionally vague and infringed on Luttrell's First Amendment rights. The lawsuit was originally filed in February 2025 and was active until the settlement.
Attorneys for the city of Germantown acknowledged concerns about the ordinance's legality and voluntarily dropped the municipal charges against Luttrell in March 2025. However, the federal lawsuit challenging the ordinance's constitutionality remained active until it was settled.
The repeal of the holiday decoration ordinance effectively ensures that residents of Germantown are no longer at risk of being fined for creative, non-traditional holiday displays, reinforcing protections for free speech on private property.
"Germantown’s leaders deserve a lot of credit for quickly repealing its holiday ordinance after FIRE’s lawsuit," said FIRE attorney Colin McDonell. "Instead of digging in and wasting time and taxpayer dollars defending an unconstitutional ordinance, they boned up on the First Amendment and did the right thing."
This settlement not only protects Luttrell from future fines but also strikes down an ordinance found to infringe on First Amendment rights, solidifying freedom of expression for Germantown residents.
Sources:1. Germantown agrees to settlement in First Amendment lawsuit sparked by holiday decorations2. 'I won my case': Germantown settles holiday decor lawsuit3. LAWSUIT: Tennessee town cites woman for using skeletons in holiday decorations4. https://www.commercialappeal.com/story/news/2025/04/28/germantown-settles-first-amendment-suits-prompted-by-holiday-decor-law/7249664002/
- The settlement in the First Amendment lawsuit, initiated over the holiday decorations code, ensures that residents of Germantown can express themselves creatively without fear of fines, particularly in regards to fashion-and-beauty and general-news topics, as long as their displays are on private property.
- The repeal of the contested holiday decoration ordinance in Germantown, Tennessee, not only protects the lifestyle choices of residents like Alexis Luttrell but also safeguards the right to free speech on home-and-garden and political matters, reinforcing the principle of First Amendment protection in the broader context of community regulations.
