WI Court Rules that Patriotic “Lawn Ornament Van” was Actually a Junk Vehicle Prohibited under Local Ordinances

This post was authored by Amy Lavine, Esq.

Violations of a junk ordinance were upheld in a Wisconsin case against a challenge that they violated the property owner’s First Amendment rights. In particular, the property owner claimed that his display of a “lawn ornament van” which had been painted red, white, and blue was a protected expression of his patriotic beliefs. The court rejected this argument, however, because regardless of whether the property owner believed that his vehicle was a “lawn ornament,” it was still a nonoperational junk vehicle under the ordinance. And even if a “lawn ornament van” was protected speech under the First Amendment, the property owner was still required to comply with the ordinance, as the restrictions on nonoperational junk vehicles were content neutral and entirely reasonable time, place, and manner regulations.

For anyone who’s curious about what a “lawn ornament van” looks like, check out this article from Fox11 News, which includes both a snowy photo taken after the court’s January 17th decision as well photos from Google streetview, which show the van as part of a larger display of lawn ornaments including flags, a snowman, a swan, and various red-white-and-blue items.

De Pere Ledgeview Mun. Court v. Knaus, 380 Wis. 2d 282 (1/17/18).