We, the undersigned, are concerned citizens, neighbors, and frequent motorists who travel along Highway 24 beneath the El Curtola Blvd. overpass. Despite repeated warnings, posted notices, and statements from Caltrans prohibiting signs, banners, flags, and unauthorized events on this overpass, these activities continue unchecked, posing a significant safety risk for drivers below. The lack of enforcement of these regulations undermines trust in the authorities responsible for maintaining safety, suggesting that laws can be ignored without consequence. We respectfully urge Caltrans to implement stronger enforcement measures or implement alternative solutions. 

Why Violating These Regulations is Unacceptable

• Creates Public Safety Hazards – Unauthorized displays on overpasses distract drivers traveling at high speeds, leading to sudden slowdowns, abrupt lane changes, and increased risk of collisions. These preventable hazards endanger the safety of motorists, passengers, and pedestrians, directly contradicting the laws designed to protect lives and ensure safe roadways.
• Misuses Public Resources – State property exists to serve the collective needs of the public, not to further individual agendas. Allowing these violations to persist places an undue burden on Caltrans and law enforcement, forcing them to divert resources away from critical safety initiatives that benefit the broader community.
• Undermines Community Standards – Continued violations foster a culture of disregard for the law and public safety. By prioritizing personal interests over the collective well-being, these actions set a dangerous precedent that encourages further noncompliance, erodes public trust, and weakens efforts to maintain order, fairness, and safety.
• Erodes Trust and Encourages Lawlessness - What is the point of posting signs that clearly state certain activities are unlawful if they’re not going to be enforced? This inconsistency sends a mixed message to the community, telling them they can’t trust those responsible for upholding the law. It creates confusion and frustration, as it suggests that obeying laws is optional and not something to be taken seriously. If one group is allowed to disregard these regulations without consequence, it opens the door for others to do the same with different laws, eroding respect for the rules and the integrity of the system. Strong enforcement is necessary to restore public trust and maintain order in the community.

What We Are Asking of Caltrans:

• Advocate for Financial Penalties and Sanctions - Request that authorities impose fines and sanctions on repeat violators who continue to hang unauthorized signs.  Emphasize that monetary penalties will create a financial disincentive for those who disregard public safety regulations.
• Request Cease-and-Desist Orders - Urge Caltrans to pursue cease-and-desist orders against individuals or groups who repeatedly violate signage laws. Cease-and-desist orders can mandate that violators remove existing signs and refrain from posting new ones, reducing safety risks on the overpass.
• Privacy Mesh Fencing for Prevention - Request that Caltrans consider installing privacy mesh fencing on the overpass. This mesh fencing can partially obscure visibility to deter unauthorized signage while maintaining driver visibility for safe travel.

Why Immediate Action is Necessary

By allowing these unlawful activities to persist, violators not only break the law but also endanger lives, waste public resources, and undermine the standards that hold our community together. This behavior cannot be tolerated, and strong enforcement is crucial to prevent further harm.

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Why Overpass Signage is Not Free Speech

Public Safety Comes First
Freeway overpasses are designed for traffic flow, not for displaying signs or banners. These displays can distract drivers, increasing the risk of accidents. Ensuring public safety is a compelling government interest that justifies restrictions on such activities.

Overpasses Are Not Public Forums
Unlike streets or parks, freeway overpasses are not considered traditional public forums. In cases like Brown v. California Department of Transportation (9th Cir. 2003), courts have ruled that overpasses can be classified as nonpublic forums. This distinction allows the government to impose reasonable, viewpoint-neutral restrictions to prioritize safety and maintenance.

Content-Neutral Enforcement is Key
Restricting all displays on overpasses, regardless of the message, ensures that enforcement is fair and content-neutral. By applying rules uniformly, agencies like Caltrans can maintain safety without infringing on free speech rights.

Permits Balance Rights and Safety
Requiring permits for overpass displays allows for organized expression while addressing safety concerns. This approach respects free speech and enables temporary, controlled use of the space.

Alternative Avenues for Expression
Restrictions on overpass signage do not eliminate free speech—they redirect it to safer platforms. Public parks, sidewalks, and digital spaces offer alternative venues for communication without compromising public safety.