Caltrans Reinstates Ban on Signs, Flags Hung on Overpasses

Reversing its position again, the state Department of Transportation announced Monday that safety concerns have forced the agency to remove all banners and signs--including American flags--posted on freeway property.

The decision comes only a week after Caltrans announced in court papers that it would allow securely fastened banners and flags to remain on freeway overpasses and bridges. But that position was a reversal of a previous Caltrans announcement that freeway displays, including flags, would be removed.

Caltrans’ flip-flop has angered free-speech advocates who accuse the agency of ignoring a January court order that requires a consistent policy regarding signs, banners and flags on freeway property. Caltrans is appealing that order.

Caltrans’ policy on freeway displays came under scrutiny last year when two Santa Cruz women sued the agency, accusing it of removing banners with unpopular messages while allowing American flags to remain. The judge hearing the lawsuit ordered Caltrans to either remove all freeway signs, banners and flags or allow all such displays to remain, regardless of the message.

In its immediate response, Caltrans ordered the removal of all freeway displays, including U.S. flags hung after last year’s terrorist attacks.

But earlier this month, Caltrans reversed its position, announcing in court papers that it would allow all banners, signs and flags on freeway property so long as they were securely fastened. Caltrans officials said it reversed itself partly in response to complaints from people who wanted to hang U.S. flags to express their patriotism.

But since the new policy was announced, Caltrans officials said people throughout the state have flocked to bridges and overpasses to hang signs, banners and flags. Officials say they worry those people could be injured while hanging the displays.

“The state freeway system cannot be a place for people to congregate and post signs and banners,” Caltrans spokesman Dennis Trujillo said. He added that some freeway signs have also become distractions to motorists.

An attorney for the women who filed suit against Caltrans said he believes the agency reversed itself because many of the banners and signs posted in recent days express unpopular messages that question U.S. foreign policy.

“We are deeply disturbed by their actions,” said Nathan Benjamin, an attorney for Amy Courtney and Cassandra Brown. “The ultimate effect is to chill the right to free speech.”

Trujillo rejects that charge, saying the agency’s primary concern is safety.

Courtney and Brown filed the lawsuit last year after their banner questioning U.S. bombing missions in Afghanistan was removed from a freeway overpass in Scotts Valley. On the same overpass, a large U.S. flag and a banner that expressed support for the New York victims of the terrorist strikes were not removed.