Tis the season for holiday display litigation. In Sycamore, Ohio, Jasen Dixon has been cited for putting up a Nativity scene in the front of his house. Dixon’s vision however has a zombie baby that many find offensive. The citation raises serious first amendment questions in the application of a code provision barring “accessory structures” in a front yard. That seems a vague concept and one that is prone to arbitrary or capricious applications. The question is whether other, more conventional holiday displays have been allowed.
Dixon has already been fined $500 and has removed the roof of the decoration to see if it will comply with the regulation.
Dixon insists that this is art and free expression. He has a plausible case if he can show that he has been singled out for this treatment by the city. I fail to see how a holiday decoration would be defined as an accessory structure or the basis for prohibiting such decorations given their political, religious, or artistic content.
What do you think?
Source: Washington Post
http://jonathanturley.org/2015/12/09/city-orders-removal-of-ohio-mans-zombie-nativity-scene/
This sort of thing is a perennial topic these days. Does a local government (neighborhood) have the right to control what is seen in public if it offends a lot of people. Jesus Zombie, confederate flag, etc.
What if someone wanted to put a sculpture that looked like a pile of trash in front of their house ? How about a statue of a 8 year old girl in stages of undress ? What is the limit of free speech ?
Is banning zombie baby Jesus a free speech violation ? Of course, but then so are the other examples I gave.
At least it's not a baby Muhammad.
Nothing to do with offense or religion. He violated a code. I can't build a gazebo in my front yard but I'm not freaking out like a liberal.
It's fitting, considering Jesus was supposedly beat to a bloody pulp and then came back to life, and people celebrate him by pretending to eat his flesh and drink his blood.
Even if we agree with you, all that was not the case when he was a baby.
Not much respect for diversity, eh?