Citizen Prevails in Toilet Planter Clash: It’s Not Trash, Judge Rules, Nixing $25 Ticket
Posted Dec 16, 2010 7:44 PM CDT
By Martha Neil
A suburban Chicago judge has sided with a Lakemoor homeowner given a $25 ticket for decorating her yard with two toilet planters and a bathroom sink.
While they may not be to everyone's taste, these items weren't an appropriate basis for a citation under a public nuisance ordinance intended to apply to obvious trash such as junk cars, held McHenry County Judge Michael Caldwell. He also pointed to selective enforcement, noting that yard decor such as wagon wheels apparently wasn't targeted, according to the Northwest Herald.
"It may be that some ... don't like it," says attorney George Kililis, who represents Asmus, and argued that her yard decor is protected by the First Amendment . "But frankly, that's their problem."
ABAJournal.com: "Is Toilet Planter Trash? Legal Showdown Looms in Clash Over City Cleanup Plan"