Authorities are starting to crack down on people illegally hanging flags, signs, banners and other items—regardless of the content of their messaging—on highway overpasses in South Valley, according to a local California Highway Patrol captain.
The heightened enforcement plan is the CHP’s response to a March 21 incident in which a suspect hung a Nazi flag on the Burnett Avenue overpass in north Morgan Hill.
Prior to that incident, for several years a group of area residents have gathered every Friday on the same overpass expressing their support for President Donald Trump and the “MAGA” movement, often attaching or affixing American and political flags on the railing overlooking Highway 101.
The entire time, state laws have not been enforced that are supposed to prohibit the posting of flags and other items on state freeway overpass structures, said Capt. Noel Coady of the CHP’s Hollister-Gilroy Area office. Coady and other CHP officers visited the Burnett Avenue overpass on March 28, during another scheduled Friday political gathering—this one drawing a larger-than-usual crowd including counterprotesters organized in opposition to the Nazi flag.
“It is against the law, but it has not been enforced for a number of years,” Coady said of affixing or posting signs or flags to the overpass structure. “It was made clear (to March 28 demonstrators) that, going forward, that is going to be enforced.”
CHP officers at that time did not cite or arrest anyone for violations of the overpass law.
They were there “to ensure the peace was kept,” and to educate those present on the laws and rules about posting items to the overpass fence and surrounding structure, Coady said. The officers handed out pamphlets compiled by the CHP listing and describing the laws that could be enforced at the site.
“We had a peaceful time,” Coady said. “There was some acceptance that the Nazi flag that was flown was not attributed to or owned by the group there every week, commonly known as the ‘MAGA group.’ They made it clear they were not tied to that.
“We made it clear that everyone is entitled to free speech, but not hate speech… I hope, going forward, we’re not going to see any large-scale issues and, more importantly, not going to have any hate activity.”
A key goal of the freeway structure law is traffic and pedestrian safety, according to authorities. Coady said just during the few hours that CHP staff were at the overpass on March 28, at least five rear-end collisions happened among vehicles on Highway 101 just below the Burnett Avenue demonstrators.
Signs displayed on the overpass by demonstrators “were a huge distraction and contributed to drivers (being) unable to focus,” Coady said.
It did not appear that any of the collisions resulted in serious injuries, Coady said.
Coady listed a number of reasons why authorities until now have been lax in enforcing laws prohibiting the posting or attachment of items to the Burnett overpass. Some of those reasons have to do with the “convoluted mess” of different jurisdictions that cover the overpass.
The location is in unincorporated Morgan Hill, and the paved portion of the overpass is in the Santa Clara County Sheriff’s jurisdiction. Enforcement and response to calls at the location are shared by the sheriff’s office and CHP, Coady said. The Burnett overpass structure itself is in the CHP’s jurisdiction.
The Morgan Hill Police Department often responds to calls on the overpass due to its proximity to the city’s patrol area.
Furthermore, Coady said, officers who have responded in the past have inconsistent levels of training and experience, often making it difficult for them to determine what if any laws have been broken. Even a sign posted by Caltrans on the overpass fencing, facing the Burnett Avenue traffic lanes, is incorrect in its guidance of the law.
Add the fact that many of the potentially illegal postings are American flags—“It’s hard for anybody to look at an American flag and say it’s against the law,” Coady added.
But the captain candidly summarized this history of authorities turning their head from previous violations: “Law enforcement dropped the ball out there for several years. It is very easy to attribute that to something nefarious or some political skew among law enforcement…(But) there was a misconception as to who is responsible for what.”
Coady said he takes responsibility and will ensure the laws are enforced from now on. That includes working with the sheriff’s office, MHPD and other agencies to make sure their message is consistent.
On March 21, MHPD and sheriff’s deputies responded to calls reporting the Nazi flag, which was facing the southbound lanes of Highway 101. The sheriff’s office took charge of the investigation, and identified and interviewed the suspect who hung the flag.
The results of that investigation were sent to the district attorney’s office, which as of press time was still in the process of determining if the suspect should be charged with a crime.
The suspect has not been identified by law enforcement authorities. Social media users and regular pro-Trump demonstrators have insisted the Nazi flag suspect was not affiliated with the usual Friday overpass group.
The public display of a Nazi flag is illegal in California under certain circumstances, including whether the person responsible intended to promote or incite hate or violence, according to authorities.
The presence of seven CHP cars with their lights flashing on the overpass for four hours was the real distraction that caused five accidents. It was certainly not our banners, which peacefully read “More Love, Less Hate.” Our group was far less disruptive than the MAGA circus that dominated the overpass for the last five years.
It is illegal for police to show preference between protest groups. Allowing MAGA to occupy the overpass for five years without intervention, while deploying a heavy police presence during our protest against the Nazi flag, is a clear example of unequal treatment. This behavior reflects poorly on the CHP and raises serious questions about the appropriateness of such expenditures. Shame on them.
Why did they arrive at 1:00 when our protest was scheduled for 4:00 to 5:30? This action violated my First Amendment right to protest. During the MAGA years, the CHP ignored reports of assaults and harassment, yet they intervened forcefully during our peaceful demonstration. This double standard is unacceptable.
Exactly. They should’ve allowed the protest against the disgusting Nazi flag.
Tell those Maga people to go get a damn job! A bunch of old fat hags hate thinking they are doing something standing on some overpass
We (the weekly Friday MAGA group) support our President and the American flag and showing this patriotism is protected by our first Amendment rights. Protesting our rights is un-American. There are other bridges and other days of the week that opposing groups can rally with TREIR first Amendment rights… why on the same day as ours?
They wanted to solicit chaos, conflict and decent in our country.
I remember as a young boy that another man rallied on a bridge in Selma Alabama using his Constitutional rights. Martin Luther King Jr Leads Historic March Over Edmund Pettus Bridge in 1965. Showing your patriotism should not be a crime.
If you have an American flag stored away somewhere in the attic…get it out and wave it proudly and without guilt or someday you may be guilty of waving it too!
The word “Democracy” is never mentioned once in the Constitution for a reason.
We were founded as a Constitutional Republic, NOT a Democracy.
END DEMOCRACY and RESTORE THE REPUBLIC!
We have made it absolutely clear that our protest was not directed at your group. Our sole purpose was to speak out against the display of the Nazi flag. You are aware of this. At the conclusion of our protest, you requested “your bridge back.” Our main organizer responded that you could have it back, provided we do not see another Nazi flag or any other hate symbol.
While your First Amendment rights have been upheld by the MHPD, CHP, and Sheriff’s Department, my First Amendment rights were violated. It is unlawful for law enforcement to show favoritism between two protest groups. The fact that CHP arrived in large numbers to disperse us and remove our banners, while you have freely occupied that overpass for five years, is clear evidence of this.
While we are enforcing rules that are rarely enforced how about enforcing Vehicle Code CVC 21654
Slow moving vehicles stay in the far right lane.
Everyone know the Nazi flag is synonymous with the MAGA flag, they have the same beliefs! Why’d the CHP allow this to go on for all these years, backing up traffic and making Morgan Hill seem like a racist dump of a town which promotes maga and not diversity.
I read these comments and can’t believe how disrespectful and disappointing they are. I thought better of the Morgan Hill community than what has been posted and said. If there should have been one thing that all could come together on, it is that the Nazi flag being flown anywhere is unacceptable. Don’t care what side of the aisle you’re on. Instead, people have used this as an opportunity to attack and call others names, try to pick fights.
So disappointed in so many of the Morgan Hill community.
Carol, what’s really disappointing is that it was one of our own Morgan Hill residents, a regrestered democrate, Charles (aka Chuck) Schroyer that I personally witnessed attaching that nazi flag on the bridge that day!!! I have video to prove it!! Its one of the most disgusting thing to see, especially a person from the Morgan Hill community!! I assure you he acted along because in his own words Elon Musk with that awkward hand gesture that every triggered liberal like him is falsely claiming that to be a nazi salute when there is ample videos of OAC and Mike Waltz doing the same thing, yet they get a pass???? So apparently he is identified and Sheriff dept did go to Chucks house and confiscate his nazi flag and it looks like the DA may not press charges. I guess Jeff Rosen, ( a Jew) is ok with all this.
There were signs on both sides of the overpass that listed the state statue prohibiting the activity that occurred there every Friday. The signs were ignored, defaced, then after they were cleaned up removed and apparently discarded.
Did you not read the whole article???? Those signs are bogus!!! “Even a sign posted by Caltrans on the overpass fencing, facing the Burnett Avenue traffic lanes, is incorrect in its guidance of the law. “. Nice try Billy bob!!!