On a recent afternoon, a group of roughly a dozen protesters set up on the El Curtola overpass above Highway 24 in Lafayette (in the East Bay). Spotted: flags reading “Trump 2020,” “All Aboard the Trump Train,” and “Sloppy Joe,” a negative reference to President Joe Biden. Some demonstrators held their flags by hand; others attached them to the fence on the overpass itself facing cars below.
Protesters have gathered on this bridge routinely since at least mid-2020 to protest in favor of ousted former President Donald Trump and argue that the election was rigged.
Now, the city of Lafayette and CalTrans are reportedly working together in an attempt to shut the protests down or at least move them to a different location. The officials argue the protests draw a great deal of attention from motorists passing by on Highway 24 below the bridge, especially when counter-protesters arrive and confrontations can occur. Protesters have at times held up “Honk for Trump” signs, engaging the attention of motorists below.
Officials claim the protesters’ activities create a hazard to motorists on the highway below by distracting them from driving as well as presenting too many distractions in the middle of their visual fields. The protests are often timed to coincide with busy rush-hour periods, which means that thousands of cars pass under the overpass per hour and could potentially be distracted by the protests. Officials say that the move is not partisan or based on the content of the protests themselves but rather is a safety measure intended to end the distractions to drivers.
Officials also reportedly note that it is generally not legal to attach signs, flags, and the like to a highway overpass. Flags and signs are often attached to the bridge, a practice that began during the early stages of the Covid-19 pandemic when signs wishing emergency workers luck and support were visible there.
Officials also reportedly say that objects have fallen over the bridge during protests and could pose a hazard to motorists below.
But demonstrators argue their protests are protected First Amendment speech. It will likely be challenging for officials to stop the El Curtola road protests. While authorities have the right to take action to protect public safety, much protest activity is covered under the First Amendment of the United States Constitution. Especially because the protests take place on what is likely public property, the First Amendment is likely to provide broad protections for the protesters if their actions are classified as protected speech.
If officials are able to show that the protests present a danger to residents or motorists, though, they may be able to ensure that the protesters move to a less risky location. They may also be able to enforce laws regarding the attachment of signs to the structure.
Overall, however, the First Amendment provides broad protections for protest activity. In the past, this has included activity that disrupts daily life in substantial ways as long as the disruption doesn’t cause safety issues. According to the American Civil Liberties Union, protesters often have the right to protest in traditional public forums, including streets. But they don’t usually have the right to block traffic or cause safety issues with motorists or streets.
For that reason, the outcome of officials’ efforts to stop the El Curtola overpass protests will likely hinge on whether they can show that the protests present a danger to motorists on Highway 24. That may prove a challenging case to make in the face of the First Amendment, but officials appear determined to proceed. Ultimately, one thing is nearly certain — the protests won’t stop without significant efforts and a political and perhaps legal fight on behalf of all parties.
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