Following a federal lawsuit filing against Connecticut officials over protestor arrests on highway overpasses, Connecticut State Police released body-worn camera footage of interactions between protestors and law enforcement and rolled out new training for troopers as the debate over where people can exercise their freedom of speech heats up.
Last week, advocates with the ACLU Foundation of Connecticut filed a lawsuit in federal district court that it says aims to protect freedom of speech. The lawsuit names the Connecticut Department of Transportation Commissioner Garrett Eucalitto and Department of Emergency Services and Public Protection Commissioner Ronnell Higgins as the defendants.
ACLU files lawsuit after series of controversial arrests stemming from protests over CT highways
The highway overpass protests, conducted by the progressive group Visibility Brigade, are known for their messaging against President Donald Trump’s administration and have sported signs recently with messages about convicted sex offender Jeffrey Epstein, Immigration and Customs Enforcement raids, fascism and voter rights. The group describes itself as pro-democracy, pro-immigrant and anti-fascist.
Volunteers hold up vinyl banners with various political messages that mostly target policies, not individuals, such as “Do Not Obey in Advance,” and “Resist Tyranny.” Despite there being over eight different Visibility Brigade chapters in the state, the only interactions with law enforcement that occurred are in the Greater New Haven area, according to the group. Katherine Hinds, a 71-year-old activist with the group, was arrested twice in July and August and charged with three misdemeanors. She alleges she was harassed by a state trooper and that her arrests were based on political bias.
A 71-year-old CT activist has been arrested twice by state police. Her lawyers allege retribution.
Higgins, one of the two named defendants in the ACLU complaint, recently released a letter addressed to state Sens. Bob Duff and Anne Hughes noting that he spoke with elected officials, law enforcement officers, prosecutors and citizens about how to protect First Amendment rights while maintaining highway safety.
In the letter, Higgins said that he has:
Asked the Chief State’s Attorney and State’s Attorney’s Offices to provide updated legal guidance around protests for each of state police’s 11 troops.
Directed the Connecticut State Police Training Academy to prepare an updated training bulletin for all troopers outlining the relevant statutory provisions related to highway protests.
Coordinated with the Connecticut Police Chiefs Association to ensure that local police are aware of the activity restrictions around the state’s highways that may otherwise not apply to municipal locations.
Directed the Connecticut State Police to post all available body-worn camera video from troopers who have responded to calls for service related to highway protests on cspnews.org, along with any relevant 911 emergency calls.
“I reject any assertion that troopers are unfairly targeting certain overpass protestors based upon any perceived political or social affiliations,” Higgins said.
“Troopers are agnostic to the protestors’ specific cause(s) and enforce the state’s laws in a content-neutral manner. Indeed, many of the recent interactions between troopers and overpass protestors have been prompted by the public, not self-initiated by state police, including 911 emergency calls from drivers reporting dangerous driving conditions created by the protests.”
Troopers alleged that protestors were in violation of Connecticut Department of Transportation regulations. Higgins said that protesting on overpasses is dangerous for drivers and may cause unnecessary distractions or incidents. In addition, he alleges that signs cannot be attached to overpasses because of the risk of them falling onto vehicles below.
Connecticut law also prohibits attaching unauthorized signs on state highways, bridges and overpasses, prohibits individuals from intentionally or recklessly obstructing traffic on the roadways and prohibits the intentional blocking of public sidewalks, according to DOT regulations.
“Collectively, these laws recognize that certain activities along our busy highways may pose a safety hazard by obstructing visibility or distracting motorists, thereby creating a risk of accidents. In addition, these laws understand the dangers posed by objects falling from highway overpasses, which may strike a car below or cause a driver to swerve,” Higgins said.
Higgins also noted that Connecticut State Police are historically understaffed and well below the 1,248 personnel target, not allowing for First Amendment debates with protestors, he said. In body-worn camera footage, protestors can be seen arguing with troopers over their First Amendment rights and questioning their knowledge of the Constitution.
“Troops G (Bridgeport), Troop I (Bethany) and Troop F (Westbrook), which patrol the Interstate 95 and Merritt Parkway routes, each receive approximately 150-200 calls for service a day. A trooper assigned to one of these barracks is expected to provide a clear and lawful basis for his or her actions, not engage in lengthy debates around the multifaceted legal contours of the First Amendment,” Higgins said.
Dan Barrett, legal director of the ACLU Foundation of Connecticut, said that he disagrees and that public sidewalks are the most protected places for free speech. Drivers are responsible for their safe driving, he said, regardless of signage near the road.
“For about 80 years, the law has been clear that speakers cannot be punished for the reactions of listeners. Connecticut drivers are responsible for their safe driving,” Barrett said. “And if you’ve driven our interstates, you know how ridiculous it is for the state to permit massive electronic billboards along the highway while claiming that overpass pedestrians cannot display small, homemade signs.”
Hinds, who is being represented by Koskoff Koskoff & Bieder PC, was arraigned on Friday in New Haven. Attorneys Christopher Mattei, Margaret Donovan, and Douglas Morabito are representing Hinds. Mattei and Donovan have recently helped FBI agents facing scrutiny for their involvement in probes of Trump. Mattei has also represented Sandy Hook families against Alex Jones.
“Katherine Hinds took a stand in court for herself and for every American who wishes to express themselves freely and peacefully without fear of being harassed by any government official, especially law enforcement officers who are duty bound to protect the civil liberties of every citizen,” Mattei said.
“We believe in the justice system in Connecticut and fully expect that the State’s Attorney will conclude that justice requires dismissal of this case. If not, we are prepared to seek vindication from a jury of Katherine’s peers. Peaceful protest is not a crime, and the right to dissent will not be silenced in Connecticut,” he added.
Nicole Holly Stone, organizer of the Hartford chapter of the Visibility Brigade, said that the group has not had any interactions with law enforcement, despite issues in the New Haven area. The chapter frequently holds signs above an overpass on I-84 in Hartford during rush hour.
“I stand with and fully support the ACLU. Whether one agrees with another’s messaging or not, protecting ALL Americans’ freedom of speech is important in this moment and going forward. My group, the Hartford Visibility Brigade, has had zero issues in Hartford, for which we are grateful, and we’d like that to remain so because we will continue exercising our First Amendment rights,” Stone said.
Stephen Underwood can be reached at sunderwood@courant.com.
