The Monte Sereno City Council is circling round and round the issue, but it's time to call a spade a spade. The council members spent a good deal of time at last week's regular meeting discussing a proposed ordinance that would regulate special events in the community. That's what they were saying anyway—what they were really proposing was the "Alan Aerts Ordinance."
Aerts, a Monte Sereno resident and local entrepreneur, has been at the center of the public spotlight in recent years because of the spectacular displays he produces each Christmas and Halloween in the yard of his home.
So when the council members talk about an ordinance to regulate special events in the city, they're really talking Aerts' holiday decorations—because there are no other special events in Monte Sereno.
There are no parades through the residential streets, there are no businesses so there are no sidewalk sales, and there are no concerts in the park. All there is is Alan Aerts and his rather outrageous holiday extravaganzas. And right now, there is no ordinance on the books that would limit the scope of those displays.
So the council is attempting to manufacture one by calling it a special events ordinance. But what is it exactly that the council is doing? Trampling on an individual's Constitutional rights? If this particular ordinance indeed targets Aerts and only Aerts, is that not a violation of his First Amendment rights? It certainly sounds like it.
The proposed ordinance would require a permit to be filed at least 30 days prior to special events of more than four hours on busy streets, and more than 12 hours on more secluded neighborhood streets. Request for such a permit could then of course be denied, effectively pulling the plug on the Aerts' displays.
Aerts and his wife, Bonnie, have never before been required to request a permit for their controversial holiday presentations. Each year, though, there have been complaints from their Danielle Place neighbors regarding the displays and the traffic and attention they generate. The displays generate so much traffic, in fact, that Aerts must hire security personnel each year to keep the crowds flowing.
While the exhibitions are enjoyed by thousands of onlookers each year and generate large donations for Toys for Tots, they are inappropriate if they make life miserable for even one resident in the neighborhood. Residents should not be subjected to what to them is clearly a nuisance in their neighborhood.
Still, whether or not the display is appropriate does not seem to be the real issue here. We are more concerned with the protection of an individual's First Amendment rights. We believe that when a city is considering something in the way of the "Alan Aerts Ordinance," that puts Constitutional rights in jeopardy. And we think that's just what the Monte Sereno City Council is doing.
