Understanding the Legal Status of Roadside Memorials

Across the United States, roadside memorials have become a common sight, often serving as a symbol of remembrance for loved ones passed away. However, the legality of such memorials can vary significantly depending on the state and local laws. In this article, we will explore the legal aspects of roadside memorials, examining different scenarios and the implications for individuals and authorities alike.

Are Roadside Memorials Legal?

The legality of roadside memorials can depend heavily on the state and local regulations. In Texas, for instance, unofficial roadside memorials on state highways are generally legal as long as they do not impede traffic or create any safety hazards. The state highway department has the right to move or remove them if necessary for road maintenance, expansion, or other reasons.

In some states, such as Missouri, roadside memorials are not legal. The Missouri Department of Transportation (MoDot) has even been charged with the task of removing them, though this is often a contentious issue due to public sentiment. Missouri has officially banned roadside memorials, yet removing them can lead to significant political backlash.

Public Authority's Tolerance and Removal

Public authorities generally tend to be tolerant of temporary memorials, whether they are crosses, teddy bears, balloons, or other symbolic items. However, these memorials will often be removed to maintain public safety and order. A small plaque may sometimes be allowed, provided it is a quality product and does not pose any safety hazards.

Private Property Considerations

When it comes to setting up roadside memorials on private property, homeowners must have the owner's consent. These memorials can quickly turn from meaningful tributes into litter if not maintained properly. Additionally, roadside memorials on private land must be kept in mind regarding the separation of Church and State, as they can sometimes be seen as promoting religious practices on public land.

Official Banning and Political Sensitivities

Not all states have official policies regarding roadside memorials, but individual authorities often deal with them on a case-by-case basis. For instance, in Missouri, the state government has issued a ban due to political sensitivities. While some people appreciate the memorials, others view them as unattractive and unsafe. The presence of memorials dedicated to state troopers, who may have died in the line of duty or been killed by drunk drivers, complicates the issue. Officials must balance safety concerns with the emotional significance of the memorials to the public.

Local authorities often face a difficult decision: enforce laws to remove memorials, which can upset the community, or allow the memorials to remain, which can pose safety risks. In Missouri, MoDot has been particularly reluctant to remove these memorials because of the potential backlash from both the public and local legislators.

It is important for individuals and communities to consider the legal and practical implications of setting up roadside memorials. While they can provide comfort to those grieving, they must also be managed responsibly to ensure public safety and order.