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Events and/or Posting of Messages on Caltrans Overpass is Unlawful
Caltrans has posted notices on the El Curtola overpass informing and reminding the public that it is unlawful to post on fencing or to hold an unauthorized community event on the overpass.
In a letter sent to the City on April 5, 2024, Caltrans states that overpasses are not public forums, and Caltrans prohibits the display of messages of any kind (including signs, banners, flags, etc.) on its overpasses as detailed in applicable case law and statute. CalTrans also states that events on an overpass or the display of signs, banners, flags, or other messages on Caltrans structures or fencing presents a distraction to motorists on State Route 24 potentially causing motorists to be inattentive and draw a motorist’s eyes from the highway while traveling at freeway speeds or to suddenly slowdown, resulting in traffic shockwaves or erratic maneuvers that increase safety risks.
Additionally, the letter states that it is unlawful to place an encroachment within Caltrans right-of-way, such as the El Curtola Blvd. overcrossing, without a permit. (Streets and Highway Code - SHC § 670.) An encroachment includes any physical object, such as signs, banners, flags, or other messages, or holding a special event, which includes a community sponsored or approved event. (Streets and Highway Code - SHC § 660.) It is also unlawful to willfully obstruct the free movement of any person on a street or sidewalk. (Penal Code - CPC § 647c.)
Please be aware that none of the events on the bridge are sponsored by the City of Lafayette. CalTrans owns and maintains the El Curtola overpass.
To reach Caltrans District 4, visit www.dot.ca.gov or call (510) 286-5900.