CaseBarnettLaw.com
949-565-4886
PAGE 3
We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. HALLOWEEN DECORATIONS OR FIGHTING WORDS? A Grave Legal Matter In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention.
Miso Caramel Apples
Inspired by Bon Appétit
Ingredients
• 4 Granny Smith apples • 1/2 cup raw pistachios • 1 1/2 tsp plus 1 cup sugar • 3 tbsp sesame seeds • 2 tbsp white miso, divided • 4 Popsicle sticks • 2 tbsp light corn syrup • 1/4 cup heavy cream • 1/4 tsp kosher salt
“Bette wasn't ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn't deep enough for that stench! 1690.”
Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest.
The Verdict
Directions
Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason
1. Heat oven to 275 F. 2. In a food processor, pulse pistachios and 1 1/2 tsp sugar. Add sesame seeds and 1 tbsp miso, pulsing until miso is fully broken up. Spread evenly on a rimmed baking sheet. Bake for 15–20 minutes and let cool. 3. Meanwhile, insert a Popsicle stick into the center of each apple. 4. In a saucepan, bring corn syrup, 1 cup sugar, and 2 tbsp water to a boil. Boil for 5–7 minutes, swirling infrequently, until caramel is a light amber color. 5. Add cream and salt to caramel, whisking to combine. Transfer to a large mixing bowl and quickly whisk in remaining miso. 6. To assemble, first roll apple in caramel, then in pistachio mixture, before resting on greased baking sheet. 7. Let cool 30 minutes and serve.
was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances.
The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As
Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.”
Made with FlippingBook - professional solution for displaying marketing and sales documents online