Obiter Dicta

Stay Off My Lawn!

For someone who “just wants to be left alone,” as her attorney puts it, Edna Jester might be going about it the wrong way.

The 88-year-old resident of Blue Ash, Ohio, first gained notoriety in October by refusing to return a neighbor boy’s football that landed in her yard. Police were called, and Jester was arrested, then taken to the station and charged with petty theft. The charge was later dropped.

In December, Jester filed a lawsuit in Hamilton County Common Pleas Court against neighbors Paul and Kelly Tanis, alleging intentional infliction of emotional distress be­cause of the number of objects thrown into her yard since October.

“It’s our belief that some of it is de­liber­ate,” says Jester’s attorney, H. Louis Sirkin of Cincinnati. “It’s certainly preventable.”

Sirkin says the October incident was preceded by other occurrences of trespassing, even though Jester has a “No Trespassing” sign posted.

“The area has state-of-the-art rec­reational facilities,” he says. “It’s a problem of disrespect.”

Kelly Tanis was quoted as cal­ling the lawsuit “very silly,” but the moth­­er of five said she worries that she and her husband cannot afford a lawyer. Sirkin says the couple is considering relocating.

The lawsuit seeks unspecified monetary damages.

Update: The Associated Press reported March 11 that Jester dropped her lawsuit.

April 27, 1861

Buggy Bear

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.