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Judge upholds toilet planter charge

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LAKEMOOR, Ill., Feb. 4 (UPI) -- An Illinois judge rejected a motion to toss a nuisance charge against a woman who refused to remove two old toilets and a sink being used as outdoor planters.

McHenry County Judge Michael Caldwell Wednesday upheld the nuisance ordinance charge against Tina Asmus of Lakemoor despite her lawyer's protests that the unusual planters are a form of constitutionally protected artistic expression, the Arlington Heights (Ill.) Daily Herald reported Thursday.

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Caldwell rejected an argument from Asmus' lawyer, Tom Spencer, that the ordinance is too broad and said the issue of the constitutionality is one to be settled at trial.

"The fact of the matter is that they don't like that her artistic expression happens to involve plumbing," Spencer said of local officials. "They can't just willy-nilly decide that they don't like it. I don't have to like it, you don't have to like it, but it is her constitutional right."

Asmus, who said the planters remain in her front yard, could face a $25 fine if convicted.

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