Tuesday, November 27, 2018

Jury Awards $75,000 To Couple Whose Christmas Program Was Opposed By Homeowners Association

The Spokane Spokesman-Review reports that a federal court jury in Idaho last month awarded $60,000 in compensatory damages and $15,000 in punitive damages against a Homeowners Association that attempted to block a resident from setting up an elaborate Christmas display. The jury, in the case which attracted national media attention when filed, found that the Homeowners Association engaged in religious discrimination in violation of the Federal Fair Housing Act when it sent a letter to Jeremy and Kristy Morris telling them that if they wanted to move into the neighborhood they would need to cancel plans for their annual 5-day Christmas celebration.  The celebration features elaborate decorations, live music, and live animals, draws thousands of people, and raises money for charities benefiting children suffering from cancer and abused children. The HOA letter, in addition to claiming that the celebration would violate lighting and noise rules, added: "And finally, I am somewhat hesitant in bringing up the fact that some of our residents are non-Christians or of another faith, and I don’t even want to think of the problems that could bring up."  This was portrayed by some media as part of the so-called "war on Christmas." More details on the lawsuit and photos of the celebration are at The Daily Mail and the Coeur d'Alene Press.