A citation dated Dec. 20 states city code prohibits the placement of any article or structure in, upon, over, or under any public right-of-way, including sidewalks, alleys, and lanes. The citation specifically pertains to the lighted archways, which can be situated flush against the home’s fence or moved into place over the sidewalk, according to Myer.
“We had somebody that was coming out and doing drone footage and professional photography on that night,” Myers recalled. “We had just put (the arches) out and within 45 minutes we got the citation.”
The Dec. 20 ticket also specifies that a permit is required for the installation.
But Myers says the city denied her attempt at obtaining such a permit.
“We tried to apply for a permit under the ordinance that we got the citation for and the city denied it, saying there’s no way that we can have private holiday decor,” Myers said, adding that she was told the ordinance in question applied to use of public right-of-way areas during the completion of any contracted work.
Myers said her boyfriend attended the court date outlined on the citation, which was held Dec. 28, during which he pleaded not guilty to the offense.
Oakwood Law Director Robert Jacques said residents are free to decorate their homes however they want but that this right does not extend to public property.
“We don’t regulate holiday lights on someone’s property. They’re free to do a whole Clark Griswold Christmas Vacation display and we encourage that,” Jacques said. “It never should have been a big deal. “They’re free to decorate their property as much as they want but they need to leave the public right-of-ways alone.”
After receiving the first citation, the Myers said her family complied with the city’s request to keep the lighted archway flush to the fence for the following few days before weighing the odds and choosing to display them again.
“At this point, we (decided) to put the arches out on Christmas Eve and Christmas Day and to just accept another citation,” Myers said.
A second citation was delivered to the home on Dec. 26. Myers said she plans to attend the Jan 4, 2024, court date to plead not guilty to the offense. She also plans to speak at upcoming city council meetings to plead her case for a compromise.
“I just wish (the city) would seek a resolution, like allow us to purchase additional liability insurance and allow a permit where zoning can come out and inspect everything,” she said, adding that she feels the archway installation is safe for pedestrians and does not cause any tripping hazard.
Myers stressed that the issue is about more than just holiday decor, adding that she’s seen firsthand how her holiday home is like a beacon of light to some, serving a bigger purpose than just entertainment for passersby.
“I can’t tell you how many people have stopped by and told us or written us letters about how much our display has meant to them and gotten them through a hard time,” Myers said.
Through her work as a counselor and her personal experience with loss and mental health struggles, Myers said she understands the Christmas holiday can be a critical time for those struggling to find joy.
“... When you’re going through tough times, it can be very difficult to stay in the moment,” she continued. “But what I know about Christmas lights is that if you can just go and look at them, in that moment you can feel all of the feelings while also finding a sense of peace and calm, which is really hard to find in this world.”
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