The Soto Law Group October 2019

HALLOWEEN DECORATIONS OR FIGHTING WORDS?

A Grave Legal Matter

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. “Bettewasn’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.

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. 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

THE VERDICT 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 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.”

Take a Break!

HOW TO ASSEMBLE A VEGGIE SKELETON Thosewho eat paleomay struggle to find aHalloween treat suitable to their diet. But nomatter what your dietary restrictions are, everyone can enjoy some rawveggies with a healthy dip. Here are some tips for constructing your very own veggie skeleton—a spooky twist on a time-tested treat. For the Head Your favorite paleo-friendly dip makes a great canvas for a face. Pour it into a bowl and build features on top using different veggies. For the Ribcage Sliced cucumbers make for great vertebrae, and bell pepper slivers can be used to simulate ribs. Alternate between the two to give your skeleton some backbone. For the Arms and Legs Any long and straight vegetable will do the trick here. If you want to be anatomically accurate, consider using some spherical vegetables for joints.

Don’t be afraid to get creative and wacky with your veggie skeleton. The whole point, after all, is to have some fun and give people a reason to smile.

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