Could Christmas Carols Considered Cruel And Unusual Punishment?
During the month of December, no one can escape the holiday hits — almost every public space has a cycle of Christmas tunes playing somewhere. Whether you’re out shopping in stores, riding an elevator, or stuck in a waiting room, the endless stream of catchy holiday music will find you.
For some, holiday music is a joyous reminder of the giving season. But for others, it's an annoying earworm on loop in your head. In most scenarios, people are free to enjoy (or turn off) holiday music as they please, but not everyone.
If Christmas music is so torturous, could it be considered “cruel and unusual” punishment to force someone to listen against their will? If it’s bad enough that you’re willing to file a lawsuit and ask the judge…maybe.
Spreading The Holiday Spirit In Upper East Side Manhattan
The Upper East Side of New York City is a wealthy suburb, filled with high-class shops, restaurants, and apartments. If you can afford to live in this expensive area, you pay for certain luxuries like security measures and private parking. Safe to say, residents in these neighborhoods are expecting peace and quiet, not loud music.
But in 2016, resident and attorney Nick Wilder filed a lawsuit against his neighbor, Lisa Maria Falcone, for her Christmas display, claiming “She’s invading other people’s homes with her elevator music. I’m tired of hearing Jingle Bells like 700 or 800 times a day.” He reported the music would start near 7 am and continue until midnight.
The lawsuit sparked debate among the upper east side community, some enjoyed the holiday spirit, others felt as though the music was disruptive to their space. In the end, the judge ruled in favor of Wilder and Falcone turned off the music.
The Christmas Edition Of Jailhouse Rock
12 hours of nonstop holiday music, every day, without reprieve. Morning, noon, and night — that’s what the inmates in Maricopa County, Arizona experienced during Joe Arpaio’s term as sheriff.
It doesn’t sound like much, but listening to music about Santa, snow, and sleigh rides, started to grate on the Maricopa County inmates. Collectively, six of them sued former sheriff Arpaio citing the Christmas music was cruel and unusual punishment, while also infringing on their religious beliefs.
The Arizona judge presiding on the case dismissed the six lawsuits in 2009 and allowed the sheriff to continue playing his holiday playlist for all the Maricopa County jails and their inmate population. If the practice still remained today, that would be 16 years worth of holiday classics! However, Arpaio lost the 2016 Maricopa County Sheriff election, so it’s unlikely the Christmas song tradition continued.
Ho-Hum This Holiday? Let Hickey & Hull Handle It!
Not everyone agrees on how to celebrate the winter holidays, but bitter disagreements can result in courtroom showdowns. From fighting HOA’s on Christmas displays to arguing about music preference, if you feel that your rights are being infringed, you deserve to be heard.
Scheduling an initial consultation with Hickey & Hull is easy and you can do it virtually anywhere. So sit back, relax, and enjoy that warm cup of hot cocoa while you chat with our online agent — we’ll handle the rest.