Can I be prosecuted for a lawn sculpture in the form of shooting the bird? I'ma landscaper and my garden is my canvas. Recently, my neighbor complained that my yard is a disgrace. So I cut my bushes in the shape of someone shooting a bird in its home management to show what I feel. Now, he called and reported it as obscene. The police told me to cut down ITT and the rest of my art .. Do I? I do not live in an association and it's my lawn.
Are you ready to fight? It will be against the city where you live, and you could win is if you try hard enough, and get adequate representation. Hell, even the ACLU could not on your side.
obscenity laws are vague, and most of them are stupid anyway. You have a very good 1st Amendment Fight here, if you're willing to see it through.
If you do not want to be the hero of freedom of expression in your area, just off the outstretched finger off the bush and the right call. The police have no power to make you cut anything else, unless your town has a * very * screwed up the zoning regulations.
If you actually included a bird with the person shooting you might be ok, but if just one person with the gun only, then they may tell you to cut one down. If this reference is intended to be something quite different, then yes that could easily be obscene. The other landscaping should not be the case unless the bylaws that apply.
Posted on July 25, 2010.