South Milwaukee Skeletons Letter

The Institute for Justice (IJ) wrote a letter to officials in South Milwaukee, Wisconsin, warning them that threatened code enforcement action against Sean and Laura Oster’s decorative yard skeletons would be unconstitutional.

Officials cited the Osters for “large Halloween decorations being displayed not during appropriate time of year,” and threatened fines of up to $500 per day if the skeletons were not removed.

But the skeleton display is a form of artistic expression, which is considered protected speech under the First Amendment. South Milwaukee has no right to regulate the content of the Osters’ speech.

IJ’s letter and subsequent media attention persuaded officials to reverse course.