Activists' Legal Rights

ACLU and Rocky Mountain Peace and Justice Center Provide Legal Help to the Bolder County Peace Group

What are activists rights regarding Freedom of Speech?

One recent February morning (2/27/10) in Lafayette, CO, a town police officer told Boulder County Peace Group activists that they couldn’t stand on the pedestrian islands (at the intersection of S. Boulder Road and Highway 287) where they were holding peace and anti-war signs. They were also told that they needed to remove the signs stuck into the ground along the roads at the intersection. Just a few minutes earlier and couple of blocks north of the BCPG rally at the Emma Street overpass, the officer told two activists that they could not hang an anti-war banner over the bridge for the drivers on Highway 287 to read.

I sent an email to the Rocky Mountain Peace and Justice Center describing the circumstances and asked, “What are activists rights regarding these situations?” The RMPJC forwarded the email to an attorney at the American Civil Liberties Union. He called the RMPJC with the following information.

Unfortunately, he said, in jurisdictions with medians and islands, it is standard practice to not allow people to stand on them for any longer than to wait for traffic or a light change. It is considered a safety issue. The ACLU has taken cases like this to court, and has lost every time. Jurisdictions make these laws as a safety precaution, and the court always upholds them.

With the signs, he said, if it is in the city's (or any other jurisdiction's) right of way, posting signs and sticking signs in the ground is prohibited - regardless of what the signs say. Political campaign signs, panhandling signs, event announcements and protest signs are all able to be removed by the jurisdiction in charge.

Hanging banners over highways, however, is another matter. The ACLU has found this to be legal in most places.

How did the activists deal with these circumstances?

The banner holders did the right thing. They politely confronted the officer asking her to talk to the sergeant in charge because hanging banners at overpasses is legal. The officer confirmed that this is true.

Instead of continuing to stand at the intersection, the activists decided to cross the streets with the lights when properly indicated. This creative solution was legally permitted and got them more attention.

Many thanks to the Rocky Mountain Peace and Justice Center and the American Civil Liberties Union for their help.

Submitted by: Marta Turnbull 4/4/10