Hernsberger QDRO Law - October 2019

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

2028 E. Ben White Blvd. Suite 240-7372 Austin, TX 78741 HernsbergerLawFirm.com 512.852.4373

INSIDE This Issue

A Rule All Military Couples Need to Know PAGE 1 Tips for Women Climbing the Business Ladder A Look at a Case: Distrusting the Texas Family Law Practice

Manual PAGE 2 VA Disability and Military Retirement PAGE 3 Grave Matters of the Law PAGE 4

Halloween Decorations or Fighting Words? A GRAVE LEGAL MATTER

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 RVwas 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.

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

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.”

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.

“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.”

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