Tag Archives: adopt-a-highway

Can the KKK ‘adopt a highway’? That’s a legal question

A Georgia court heard arguments on July 9 about whether the state violated a Ku Klux Klan group’s constitutional rights by refusing its application to a highway cleanup program and whether a recent U.S. Supreme Court decision applies in the case.

The north Georgia KKK group applied to join the state’s Adopt-A-Highway program in May 2012, hoping to clean up along part of Route 515 in the Appalachian Mountains. The state Department of Transportation, which runs the program, denied the application. The department said its program was aimed at “civic-minded organizations in good standing.”

The American Civil Liberties Union Foundation sued on behalf of the KKK group in September 2012, arguing that the state violated the group’s right to free speech.

Fulton County Superior Court Judge Shawn Ellen LaGrua agreed and ruled in the group’s favor in November, saying the KKK’s group’s application was treated differently than others and that “viewpoint-based discrimination” is not allowed under the Georgia Constitution.

The state appealed, and the Georgia Court of Appeals heard arguments in the case Thursday. The judges made it clear that they are very interested in hearing arguments from both sides as to whether a U.S. Supreme Court decision in a Texas case issued last month applies in this case.

The U.S. Supreme Court upheld Texas’ refusal to issue a specialty license plate sought by the Sons of Confederate Veterans bearing the group’s logo, which includes the Confederate battle flag. The 5-4 ruling said Texas could limit the content of license plates because they are state property.

Senior assistant attorney general Julie Jacobs said the KKK’s claims are barred by the principle of sovereign immunity, which protects government entities from being sued without their consent.

Alan Begner, who represents the KKK, argued the state is not protected by sovereign immunity from the constitutional challenges raised in this case.

“All citizens must have the right to challenge constitutional violations or we’d have no Constitution at all,” he said.

But even if sovereign immunity doesn’t apply, the KKK’s arguments are still unsound because the Adopt-A-Highway signs constitute government speech and not constitutionally protected free speech, the state’s lawyers argued.

The state of Georgia controls the message and design of the Adopt-A-Highway signs, and roadway signs are generally associated with the state in the public’s mind, which makes it government speech, assistant attorney general Brittany Bolton argued.

In a briefing in the case before the Supreme Court’s decision came down, the KKK group’s lawyers said specialty license plates are the speech “most analogous” to the Adopt-A-Highway signs. Many courts have ruled the plates are a mix of government and individual speech, the group’s lawyers argued.

Maya Dillard Smith, executive director of the ACLU in Georgia, told reporters after the hearing that, unlike license plates which are used for safety and regulation, participation in the Adopt-A-Highway is constitutionally protected free speech.

The implications of denying that speech go far beyond whether the KKK can join the cleanup program, she said, adding that it amounts to the government singling out one group for scrutiny.

Begner argued before the judges that the brochure for the Adopt-A-Highway program proves that the act of joining is an expression of speech – it says belonging sends a message to the public that the participant is environmentally conscious.

Appeals Court Judge Anne Elizabeth Barnes told Begner the court wants to hear more of his arguments on the application of the U.S. Supreme Court decision in this case and asked him to submit a supplemental brief.

KKK goes to court to join Georgia’s Adopt-a-Highway litter program

A judge should dismiss a lawsuit filed by a Ku Klux Klan group that was turned down for participation in a highway cleanup program, the state of Georgia argued this week.

The American Civil Liberties Union sued last month on behalf of the International Keystone Knights of the KKK in Union County, saying the state violated the group’s right to free speech. The state this week filed its response and supporting brief in Fulton County Superior Court.

The lawsuit, which names the state and various state agencies and officials, asks the court to:

• Force the state to issue an Adopt-a-Highway permit to the KKK;

• Issue a permanent injunction preventing the state from denying the KKK such a permit;

• Declare that the state wrongfully denied the group’s application and violated due process.

The response argues that claims against state agencies and officials are generally barred in state courts by sovereign immunity. Even if that were not the case, the suit should be dismissed because the KKK didn’t file the lawsuit in time, lacks standing to request an injunction and didn’t take advantage of other existing legal avenues for appeal, the state argues.

The state argues that the KKK should have challenged the denial of the application within 30 days based on a 1981 Georgia Supreme Court opinion.

The state also argues that an injunction is meant to prevent a future action, which means the KKK can’t pursue an injunction to reverse a past action — in this case the denial of the application.

Finally, the KKK could have appealed the Georgia Department of Transportation’s denial of the application to the Office of State Administrative Hearings under the Administrative Procedure Act. That remedy must be pursued before a lawsuit is filed, the state argues.

The Klan group applied in May to the state’s “Adopt-A-Highway” program, seeking to clean up part of Route 515 in the Appalachian Mountains. The state program enlists civic groups, companies and other volunteers to pick up trash. The groups are recognized with signs along the roads they adopt.

Transportation Department officials denied the group’s application in June after meeting with lawyers from the state Attorney General’s Office and consulting with Gov. Nathan Deal. The agency said at the time that the program is aimed at “civic-minded organizations in good standing.”

“Promoting an organization with a history of inciting civil disturbance and social unrest would present a grave concern to the department. Issuing this permit would have the potential to negatively impact the quality of life, commerce and economic development of Union County and all of Georgia,” transportation officials said in a statement in June.

The statement asserted that motorists who drive past signs promoting the KKK or who see members picking up trash could be distracted — creating a safety issue — and that the section of highway the group wanted to adopt is ineligible because of its 55 mph speed limit.

Similar groups in other states have won legal battles after initially being turned down for highway cleanup programs.

The U.S. Supreme Court in 2005 rejected Missouri’s attempt to turn down a controversial group’s application, saying membership in the program cannot be denied because of a group’s political beliefs. In Kentucky, transportation officials who feared an unsuccessful legal battle accepted a white-separatist group’s contract to participate in the state’s highway cleanup program.