South Milwaukee Orders Residents to Take Down Whimsical Skeleton Display, a Violation of Their First Amendment Rights

ARLINGTON, Va.—Sean and Laura Oster have a bone to pick with South Milwaukee. 

Shortly after moving to the city in 2024, the couple put up a pair of giant skeleton decorations in their yard, a tribute to Laura’s love of Halloween.  

They’ve kept the skeletons up year-round, decking them out in whimsical attire to match the seasons. The skeletons have been such a hit with the community that neighbors dubbed them Hector and Henrietta, and the Osters started a Facebook page to document their many wardrobe changes. 

“We dress the skeletons for holidays, seasons, sporting events, and community moments,” Sean said. “What began as a fun yard display has grown into something that neighbors, families, children, and visitors regularly stop to enjoy and photograph.” 

But now the city wants to shut it all down. 

On May 20, the Osters received a notice from the South Milwaukee Inspection Department citing them for “large Halloween decorations being displayed not during appropriate time of year.” The city ordered them to take down Hector and Henrietta by July 7, or face fines of up to $500 per day. 

Make no bones about it: That’s an unlawful attempt to regulate the content of the Osters’ expressive speech, as the Institute for Justice (IJ) explained to city officials in a letter sent this week, and far exceeds the city’s zoning authority, which is limited to health and safety concerns.  

“If the Osters swapped out their skeletons for a bald eagle display for the Fourth of July, they wouldn’t be facing a fine right now,” said IJ Attorney Jimmy Odell, who authored the letter. “This is punishment based on the content of their speech, which is as clear of a First Amendment violation as they come.” 

Courts have sided with homeowners like the Osters in the past. Nearly 20 years ago, the Seventh Circuit held in Purtell v. Mason that government officials violated the First Amendment when they punished a homeowner for displaying decorative tombstones in his yard after Halloween. 

More recently, the city of Germantown, Tennessee, repealed a holiday ordinance and settled with a homeowner who sued after officials attempted to make her take down a skeleton-themed Christmas display. 

Hector and Henrietta have become a celebrated local landmark, with hundreds of people signing a change.org petition urging the city to avoid making a grave mistake. 

“These skeletons are not mere decorations,” the petition author wrote, “they are a representation of our community’s uniqueness and an annual reminder of the fun and quirky spirit that defines South Milwaukee.” 

IJ’s Zoning Justice Project is dedicated to protecting the right of every American to own and use his or her property freely. IJ has brought successful lawsuits against municipalities that have trampled the First Amendment rights of property owners who are just trying to express themselves while bringing joy and personality to their neighborhoods.