GERMANTOWN, Tenn., April 29, 2025 — After a federal lawsuit, the town of Germantown, Tennessee, has sent to the graveyard an ordinance that was used to fine a resident for using giant skeletons in a Christmas lawn display.
Alexis Luttrell received a citation and court summons from the Memphis suburb in January for keeping up decorative skeletons after Halloween and repurposing them for Election Day and Christmas. In February, the Foundation for Individual Rights and Expression filed a federal lawsuit seeking to have the citation thrown out and Germantown’s unconstitutional holiday ordinance overturned on First Amendment grounds. FIRE also committed to defending Alexis against the charges in municipal court.
Germantown voluntarily dismissed the municipal charges against Alexis a month later, but FIRE’s federal lawsuit against the ordinance remained pending before the U.S. District Court for the Western District of Tennessee. But last night, the Board of Mayor and Aldermen voted to repeal the ordinance entirely, and Germantown agreed to a $24,999 settlement in exchange for dismissing the lawsuit.
“Not only am I no longer at risk of being fined for my skeletons, the unconstitutional ordinance is now dead and buried,” Alexis said. “Today is a victory for anyone who has ever been censored by a government official and chose to fight back.”
The ghastly affair began in October 2024, when Alexis purchased a large decorative skeleton and skeleton dog for Halloween. She later kept the skeletons up and dressed them with Election Day signs in November and then Santa-themed attire in December.
COURTESY PHOTOS OF ALEXIS AND HER SKELETON DISPLAYS
Perplexingly, this was illegal under Germantown Ordinance 11-33, which required that holiday decorations “shall be removed within a reasonable period of time, not to exceed 30 days.” In Germantown officials’ view, Alexis’s skeletons weren’t “really” Christmas decorations, but an unsanctioned Halloween display. In December, the town sent Alexis a warning that she violated the ordinance, and followed up with a citation and summons when the skeletons were still up in January.
Germantown’s ordinance wasn’t just an exercise in misguided micromanagement, it violated the Constitution. Under the First Amendment, Americans are free to put up holiday decorations on their property whenever they like, not just in a government-approved period of time. And by demanding the Santa-themed skeletons come down — even if one has a dark sense of humor, or happens to like Tim Burton movies — the city engaged in viewpoint discrimination about what constitutes an “acceptable” Christmas display.
“Germantown’s leaders deserve a lot of credit for quickly repealing its holiday ordinance after FIRE’s lawsuit,” FIRE Attorney Colin McDonell said. “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.”
Alexis’ skeletons have remained in her yard and she’s continued to dress them up with different outfits and decorations for new holidays. Since February, they’ve been dressed in Valentine’s Day, St. Patrick’s Day, and Easter garb, and Pride Month and Juneteenth are coming up soon.
“Alexis and all the residents of Germantown can now celebrate the holidays of their choice on their own property without worrying their creativity will get them fined,” said McDonell. “And that’s how it should be in a free country.”
The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.
CONTACT:
Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org
