Banning ghosts from the cemetery

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Banning ghosts from the cemetery could violate First Amendment

A task force that spent a year writing new rules for Green Hill Cemetery in Waynesville hoped to outlaw certain types of activity deemed disrespectful to the dead — like conjuring spirits or wearing ghoulish costumes.

But that provision was ultimately struck from the town’s new cemetery ordinance for fear of violating freedom of speech and freedom of religion.

The Constitution protects the content of speech, and restricting what someone can wear, say or do would run afoul of the First Amendment, explained Town Attorney Bill Cannon.

“If someone walked through the cemetery wearing a Halloween costume, and someone else walked through the cemetery wearing a football uniform, the person in a Halloween costume would be in violation of the ordinance, but the person in a football uniform would not — even though they both acted the same way,” said Cannon. “So it was pure content.”

Specifically, the cemetery task force proposed banning any activity that “depicts horror, monsters, spirits or ghosts, or other Halloween-type subjects.” The language was crafted in response to a cemetery tour by a paranormal group a couple of years ago that allegedly involved waving crystals over a gravesite.

Randy Mathis, chair of the cemetery task force, said such behavior in a cemetery is disrespectful.

“If you go up there dressed like ghosts and goblins and sprinkling dust, that’s not what it’s for,” Mathis said.

Eye of the beholder
Two public hearings were held on the new cemetery rules, but Cannon’s red flags over the First Amendment weren’t raised until the second public hearing.

That didn’t sit well with some on the task force, who felt like their work was being rolled back at the 11th hour.

“This is the second hearing, but it is the first time we are seeing these changes,” said Jim Burke, a member of the task force. “The finished product we thought we gave to you, this is no longer that product.”

Scott Ybanez, another member of the task force, also took issue with the changes late in the game.

“This is people’s loved ones and it is a sensitive subject,” Ybanez said. “I am afraid we may have issue on our hands if people don’t get what they want out of this.”

Cannon said he was just doing his job by offering advice, however.

“Part of my job as town attorney is to see potential for litigation and avoid it,” Cannon said. “I think it would run into serious First Amendment issues.”

Cannon had also cautioned against proposed language banning any behavior “considered disrespectful of the dead.”

“That was too vague to be enforced. What one person considers disrespectful, another person may not,” Cannon said.

To sort it out, the town board directed Cannon to meet with the cemetery task force and hash out the problem areas before voting on the final version last month.

“We’re not trying to push anything any different than what y’all have worked really, really months hard for,” Mayor Gary Caldwell told the task force. “It’s just some language that needs to be straightened out there, you know where we felt like we might get into trouble with, you know, like a lawsuit or something like that. I assure you it’s going to work, it’s going to work out.”

Both provisions Cannon felt were problematic were ultimately struck from the final version.

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The fact they have a "Task Force" pushing to enact laws was enough for me.

I suppose asking to be buried there may violate their principles and lower the tone of the area - or even offend others in the vicinity.
 
I think we have bigger problems to worry about. I wish people would respect the dead more though.