Is it legal to hold a demonstration on an Interstate overpass in New Hampshire?

[Sparkie]

We'd like to hold a demonstration at the Unitil Shareholders meeting on April 16th at 9:30 AM.  We're not criticizing the heroic efforts made by electric utility tree trimmers and linemen during the December 2009 ice storm, quite the contrary.  We think the $300,000 bonuses given to Unitil CEO Robert Schoenberger and those given to other corporate executives were obscene considering Unitil's haphazard response to the December emergency and from the rate-payers point of view, would have been better spent, buying more bucket trucks and hiring more tree and line workers.

Within a half mile of Unitil's Corporate Headquarters at 6 Liberty Lane West in Hampton, NH are heavily traveled Interstate 95 and RT 101.  We're planning on picketing at the entrance to the Liberty Lane Business Park as well as on sidewalks on the south and northbound sides of the overpasses.  We will be carrying signs and banners and may attach them to the overpass fences.  We may hold a candle-light, kerosene-lamp, fluorescent-light procession up to their offices at noon.

I've contacted the Hampton Police, the Hampton Town Hall, the Attorney General's Office and the NH Branch of the ACLU and no one can say for sure whether you can picket on bridges in New Hampshire or attach signs to overpass fences.  I'm going to call the Attorney General's Office and the ACLU again today and I may call the NH Department of Transportation as well.

[Sparkie]

I spent 3 hours goggling NH State RSAs  No luck there.  So I called the Hampton Police for a Demonstration Permit.  They said Town Hall handles all permits.  Town Hall sent me to the Hampton Fire Department for an Assembly Permit.  I was getting a little tired, so instead of calling the Fire Department, I called the NH Attorney General's Office.  They said I needed to call a private attorney or call the local police department.  On the side, I've called the NH Branch of the ACLU and I'm still waiting for word.  I plan to call the NH Department of Transportation, but I'm sure they're just like the Department of Transportation in Massachusetts and will say no, whether there's a rule or not.  I didn't think I was breaking new ground here.  We want everything to be squeaky clean and legal so Unitil won't get a chance to use it against us in the media.  We want egg on their faces not ours.

[BillKauffman]

Generally it is my belief that in order to picket on a sidewalk you can't stand abreast (so single file) and you have to keep walking so as to not interfere with anyone else's equal right of way contained within the sidewalk. This is usually done in one big loop...the sidewalks on overpasses are fairly narrow though - no?

[John Edward Mercier]

I didn't think I-95 or Rte 101 had sidewalks.

[J’raxis 270145]

I didn't think I-95 or Rte 101 had sidewalks.

I think he means an overpass over those highways, so people driving on them can see the demonstration. I remember a few Ron Paul sign waves done like this (and people tacking signs to the chainlink fencing along the overpasses).

[BillKauffman]

I didn't think I-95 or Rte 101 had sidewalks.

The overpasses do...

[Sparkie]

I talked to a woman at the NH branch of the ACLU in Concord.  She explained to me the rules.  In theory, you're free to protest on public property or in the public right of way as you like, but you can't, for instance, assemble 5000 people at the gates of a nuclear plant at noon, blocking traffic on a busy highway.  At least, not without a local review and a permit.  If the government decides that the size and location of your demonstration is inappropriate and public safety and free commerce are in jeopardy, then they have a right to ask you to leave.  She also suggested strongly that we get a parade, assembly or demonstration permit, whatever's customary.
That's what I'm working on now.  No one so far in Hampton knows what we need.  I'm going to call the town attorney today.  I'm also checking into whether Liberty Lane West is a public way or is private and the location of the nearest food, water and bathroom facilities.  Oh, and I almost forgot, I need to find out whether protesters can park in the Hampton Park and Ride lot.  In theory we'll be parking there and either carpooling or walking to the site of the protest.  The lot is public and some of us will be parking and riding.   

[Russell Kanning]

I would just do it.

[John Edward Mercier]

I didn't think I-95 or Rte 101 had sidewalks.

I think he means an overpass over those highways, so people driving on them can see the demonstration. I remember a few Ron Paul sign waves done like this (and people tacking signs to the chainlink fencing along the overpasses).

For some reason I pictured them in the middle of the highway.

[BillKauffman]

In theory, you're free to protest on public property or in the public right of way as you like, but you can't, for instance, assemble 5000 people at the gates of a nuclear plant at noon, blocking traffic on a busy highway.  At least, not without a local review and a permit.  If the government decides that the size and location of your demonstration is inappropriate and public safety and free commerce are in jeopardy, then they have a right to ask you to leave.

Don't know if you need a permit for a not to large group of people to picket holding signs and chanting but you can't block the right of way contained within the sidewalks which would infringe on other's equal right.

I have heard some police claim that signs hung from the fence on an overpass for the viewing by cars below is a potential "public safety" concern.

[AntonLee]

yes, in theory that sign can become dislodged and fall onto the highway creating a very bad day for any 'wiley' coyote's who are attached to rockets chasing road runners.  The sign, can cover the coyote's face and cause him to drive off a cliff.  Acme products are not allowed in protests either.

[BillKauffman]

yes, in theory that sign can become dislodged and fall onto the highway

I believe it was charged that it was a "visual distraction" to drivers.

[AntonLee]

both sound like equally idiotic government ideas.  There are signs distracting people ALL OVER the highway, and those are just the ones the gubmint puts up. 

[John]

It has been said that it is much better to ask for forgiveness than it is to beg for permition.

[Sparkie]

Well, I'm back.  I caught a bad cold and dropped off the map briefly.  I talked to a gentleman at the NH Department of Transportation.  They said the roads in the area around RT 27 are maintained by the town of Hampton.  They had no objections if we held signs as we demonstrated on the overpasses, but it would really be up to the town of Hampton.  However, he did say there's a state law against affixing signs and banners to interstate highway fences.

Now, I went to the Hampton Town Website and with the help of the Town Manager's Administrative Assistant, dug down a bit and found forms that needed to be filled out before conducting a demonstration.  We needed a Public Assembly permit from the Fire Department and a Parade Permit from the Selectmen.  There was one troubling item.  We needed to show that we had an insurance bond valued at $1,000,000.  This would require a background check, that could take up to 30 days and might cost somewhere in the $300 to $800 range.  I was hoping they would wave this, but was told that it's town policy and it's never waved.

So, I called the ACLU in Concord and they told me that small towns like Hampton can not use an insurance bond requirement to limit public protests.  If I can snail mail them a description of what occurred and who I spoke to in Hampton, they will call the town and give them a much needed legal and civics lesson on the peoples' rights.  I also contacted the office of Attorney Chuck Douglas.  I'm hoping he will blast Hampton too.  Nothing like taking a shot at Hampton with a liberal barrel and a conservative barrel at the same time.

Now as for the demonstration.  The main protest will be in the Fitchburg / Lunenburg Mass area.  They're much nicer to deal with in Massachusetts.  Who knew?  However there will be a banner plane flying all around the Unitil Corporate Office tomorrow morning.  And it will be taking a tour of all the Unitil seacoast towns in the afternoon.  It was more expensive than the bond, but our message will be more widely seen.

What have I learned from all this?  Just do it and ask for permission after.  You folks were right all along.