City of Jacksonville SUED Over Halloween Sign Ordinance
In advance of Halloween, which is just about two months away, the City of Jacksonville has been SUED over their Halloween sign ordinance.
Two brave registrants have taken on the City of Jacksonville (with the representation of Dante Trevisani and Ray Taseff of the Florida Justice Institute – the same FJI that is suing Brevard County over their Proximity Ordinance), challenging the constitutionality of an ordinance that requires people on the registry to post a sign on their residence in two-inch letters which is visible from the street that states, “No candy or treats here.”
The ordinance also prohibits registrants from placing “any display including but not limited to displays for any nationally or locally recognized holiday or seasonal event or practice” if such display is “primarily targeted to entice, attract, or lure a child” onto their property.
In addition to the complaint (a copy of which can be read from the link below), the plaintiffs have also asked for an injunction, preventing the city from enforcing the ordinance in time for the upcoming holiday season!
[COMPLAINT FORTHCOMING – WAITING FOR PLAINTIFF’S APPROVAL TO PUBLICIZE]
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Many heartfelt thanks to the two plaintiffs, and FJI. Having suffered under this ordinance for over a decade, a win sure would be a nice early Christmas present. As onerous as the entire ordinance is, I will be happy just to get the damned sign out of my yard and to be able to turn on my security lights like I do every other night of the year.
Hope this is a winner! I cant wait to light up my yards like the 4th of July!
This issue was won in Georgia last year; the 11th circuit ruled against Butts County Sheriff Gary Long and his stupid signs. Florida is also in the 11th circuit so this should be a no-brainer.
My main issue is the verbiage:
“ …if such display is “primarily targeted to entice, attract, or lure a child” onto their property.” Like so many useless SO rules, it’s subjective and open to interpretation. Not sure how having a Christmas tree in my house in front of a window entices anyone. Were it not for trigger-happy law enforcement and additional expenses, I’d love to challenge each and every SO law just on the merits of interpretation alone. To say nothing of the legality and punitive merits
Those of us in California are very fortunate. Several cities in California have tried this Halloween Sign stunt. Janice Bellucci of ACSOL successfully sued the crap out of them and won each time! 👏🏻👏🏻👏🏻👍🏻🤗😃
Sometimes I forget the great work done on the dl behind the scenes by FAC & its partners.
I agree!!!!!!