California agency complies with order to treat all highway banners alike

By The Associated Press

09.20.02

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SAN FRANCISCO — Above hundreds of zooming cars on U.S. 101 leading into San Francisco, two Santa Cruz women triumphantly tied a banner to a pedestrian overpass after a state agency agreed to leave up all signs that do not pose safety hazards.

Cassandra Brown and Amy Courtney sued the state Department of Transportation after their banners were ripped off highway overpasses while U.S. flags were allowed to remain. Their banner raised yesterday read "War. At What Cost? $200 billion. 10,000 dead."

Caltrans' move brings the department into compliance with a January order by U.S. District Judge Ronald Whyte of San Jose. He ordered the agency to enforce its rules on a content- and viewpoint-neutral basis, saying the agency could not grant exemptions for American flags. Caltrans' policy has been to take down all banners and signs except for American flags.

"It's a victory for the Constitution and that's a victory for all of us," said Brown, who also hung a banner in Santa Cruz yesterday.

The women say consolidation of the media has left Americans with few outlets to get their messages out to a large audience. They say their message is a protest against the use of force by the United States in the Middle East.

"It's a bittersweet victory," Courtney said. "I think the real victory will come when the United States examines its foreign policy."

Caltrans spokesman Dennis Trujillo says the department is complying with the judge's order while hoping to have it overturned on appeal. The appeal is scheduled to be heard Oct. 9 in the 9th U.S. Circuit Court of Appeals.

Banners, American flags and any other items hung from freeway overpasses will be removed if they can fall or create a distraction, Trujillo says.

But James Wheaton, of the First Amendment Project, says billboards along highways pose the same risk of distracting motorists. The organization is asking people to avoid safety problems by putting banners on the inside of fences on overpasses, using sturdy materials that will not shred, and fastening them securely with wire, rope or plastic.

Courtney and Brown sued Caltrans last year arguing their anti-war banners were taken down because of their content, while American flags were left up.

The two put up a banner in November reading "At What Cost?" next to an American flag on an overpass crossing busy Highway 17 in the Santa Cruz mountains.

The sign was taken down by a police officer, and a second sign put up in December also was removed.

Update

California agency makes U-turn on highway banners
Transportation officials decide to ban all signs, flags after previously saying they would allow any that didn't pose a safety hazard.  09.28.02

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California agency ordered to enforce banner policy uniformly
Ruling comes after two women accuse transportation officials of violating free speech by removing their anti-war signs from highway overpass but allowing U.S. flag to remain.  02.04.02