Associated Press
ZILLAH — A Toppenish woman cited three times for decorating her son’s grave in violation of Zillah city code will be tried by a jury.
"It’s just vindictive," said Cheryl Menard-Wentz, whose 11-year-old son Tony died of complications from asthma a year ago.
"It doesn’t matter what anyone else does — I’ll be the only one held to this ordinance," she added.
Menard-Wentz, 44, was cited three times in November for violating city codes that limit the floral arrangements and other objects that can be placed on graves in the city cemetery in the Yakima Valley.
The city contends the 80 items — flags, pinwheels, puzzles, notes and other mementos — posed a mowing hazard and maintenance inconvenience.
She has kept a daily vigil at her son’s grave since he died Feb. 7, 2001, and her name is engraved on the headstone along with his. Last year, she held a toy drive at the cemetery in his memory.
Blaine Connaughton, Menard-Wentz’s lawyer, told the Zillah Municipal Court on Wednesday that the city codes were unconstitutionally vague and do not list penalties should the codes be broken. He contended the three citations should be dismissed.
One section of the code says the city has the authority to remove floral arrangements and other vegetation from graves if they become unsightly or a hindrance to maintaining the cemetery grounds. It mentions nothing about penalties.
Another section of the code says no items such as boxes, shells, toys, ornaments, chairs or other items may be put on a grave, but there is no listed penalty.
Municipal Court Judge Debbie Mendoza ruled that the code’s language was not vague and ordered a trial. Jury selection was scheduled to begin today.
If convicted, Menard-Wentz could face fines of up to $3,000 and a maximum of 270 days in jail.
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