After a series of controversial arrests stemming from protests on Connecticut highway overpasses and bridges, advocates with the ACLU Foundation of Connecticut have filed a lawsuit in federal district court that it says aims to protect freedom of speech.
Protestors who allege that they have been targeted by law enforcement are members of the progressive group Visibility Brigade, which has been protesting President Donald Trump and Elon Musk from highway overpasses around the state, sometimes affixing signs to fencing.
Katherine Hinds, a 71-year-old activist with the group, was arrested by the Connecticut State Police in August. Hinds alleges she has been the victim of harassment by a state trooper. Since then, seven other protestors have been ticketed by state troopers, according to the lawsuit.
State police alleged that Hinds and her fellow protestors were in violation of Connecticut Department of Transportation regulations. Police allege that protesting on overpasses is dangerous for drivers and may cause unnecessary distractions or incidents. In addition, they allege that signs cannot be attached to overpasses because of risk of falling onto vehicles below.
Now the ACLU is suing the Connecticut Department of Transportation commissioner Garrett Eucalitto and Department of Emergency Services and Public Protection commissioner Ronnell Higgins, according to the lawsuit. ACLU officials said they are getting involved to stop Connecticut DOT and state police officials from forbidding people on streets and sidewalks to display protest signs to drivers on Connecticut’s interstates.
The plaintiffs in the suit, 46-year-old Erin Quinn and 71-year-old Robert Marra, both of the New Haven area, are activists with the Visibility Brigade.
The group uses various materials to make signs, including individual poster boards and a 15-by-3-foot vinyl banner, and stands on streets and sidewalks that are open to pedestrians with no posted restrictions. All of the interactions with law enforcement have been in the New Haven area, according to the group. Signs displayed by the group have included messages about ICE, immigrants, fascism and Jeffrey Epstein.
“Public sidewalks are the most protected places we have for free speech,” said Dan Barrett, legal director of the ACLU Foundation of Connecticut. “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. 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.”
A series of recent encounters led to dispersal orders, arrests and prosecutions of peaceful demonstrators, according to the ACLU, prompting them to get involved. The ACLU said that intimidation has led to infringement on protestors’ First Amendment rights.
“I joined these protests because I believe every citizen has a right to speak up when they feel our government is headed in the wrong direction,” said Marra. “We stood holding signs with messages focusing on our constitutional rights because it’s one of the simplest, most visible ways to make our voices heard. No one should fear arrest for exercising their First Amendment rights.”
The Connecticut DOT said in a statement that it does not require permits for individuals to congregate on pedestrian areas adjacent to the roadway, but the agency does require a permit for certain activities in the state Right-of-Way, such as utility installations, driveway modifications and private development.
Additionally, state regulations prohibit unauthorized signs in the Right-of-Way, such as signage that is installed in the ground or affixed to a structure, such as the fence on a highway overpass. These regulations do not apply to someone holding a sign in the Right-of-Way, according to Connecticut DOT spokesperson Eva Zymaris.
“While a permit is not required, CTDOT is not charged with enforcing the law and defers to law enforcement as to when a probable violation necessitates an arrest be made,” she said.
However, activists with the ACLU said that Connecticut allows other roadway signage, including large electronic billboards. The lawsuit contends that the state’s position is unconstitutional and that overpass sidewalks are available for peaceful expression.
Stephen Underwood can be reached at sunderwood@courant.com.
