Regulating roadside memorials

January 19, 2009
Back to TopCommentsE-mailPrintBookmark and Share
Everyone has seen them while driving – the roadside memorials marking the spot where someone died with a cross, pictures, flowers, or stuffed animals. One Indiana legislator wants to regulate the erection of these by having the Indiana Department of Transportation or local government establish and maintain a roadside memorial for just one year.

At first glance, I question getting INDOT involved. These are private memorials set up by grieving family members or friends to remember a loved one and let the general public know someone died in an accident at that location. As long as the memorial is on public property and isn’t a distraction to drivers, it should be left alone.

Plus, the estimated $92 a pop to create, maintain, and then remove them will come from the State Highway Fund. The fiscal impact statement for the bill suggests around 100 people would want a memorial, but I imagine the number would be much higher. I bet you could get 100 requests just from the more populous counties like Marion, Lake, or Allen.

But many times these memorials aren’t on public property. A woman was recently killed on a street I drive every day and now there are stuffed animals and other items fastened to the tree in the front yard of where she was killed. As I passed by, I wondered if the homeowners allowed the memorial or if they are just putting up with it for the time being. I can’t imagine I’d want stuffed animals permanently affixed in my front yard, but how do you tell a grieving family to remove them?

Rep. Vern Tincher, D-Riley, suggests in HB 1108 that INDOT or local government step in and create uniform roadside memorials to remember the victims. Any memorials that pop up that aren’t erected by the government would be removed and all memorials would be taken down after one year. This isn’t the first time Indiana has tried to regulate roadside memorials. In 2003, a similar bill was introduced by Rep. Duane Cheney, D-Portage.

A state or locally regulated process would cut down on the distractions of giant teddy bears and other objects on the side of the road or tethered to trees. Regulation would also help private property owners when family members want to mark the site of a death. However, is it really the government’s place to do so with state funds?
ADVERTISEMENT
  • They SO need to ban these roadside memorials. They are ugly and tacky. If they were to limit it to attractive vegetation or a state-approved marker, it would be nice. As it is, though, people are allowed to decorate the spot where their loved one died with all kinds of tacky crap that sits out in the weather and becomes moldy, wet, and deteriorated. There is one behind my apartment building that has sat there for FOUR MONTHS and the city is too cowardly to make them remove it. I\'m sick of looking at that disgusting trash. It\'s not a memorial if it\'s garbage. What would you call wet, moldy stuffed animals other than garbage? Families should grieve in private. I should not have to be subjected to a bunch of tacky, ghetto-looking junk on public thoroughfares.
  • I AGREE THEY SOULD NOT BE ALLOWED THATS WHY OUR SOCIETY HAS GRAVE YARDS BUT GRAVE YARDS HAVE RULES . THE ROADSIDE MEMORIAL ACROSS THE STEET FROM MY DRIVE WAY GLOWS IN THE DARK FAKE FLOWERS CONSTANT GARBAGE FROM VISTORS TEENAGERS DOING BURNOUTS EVEN HEAD LIGHTS ON MY BEDROOM WALL WHEN VISTORS COME CALLING AFTER CLOSING TIME AT THE BAR. EVEN IF I GRILL A PORK CHOP THEY ARE HERE!!!!!!!!! THEY GET TO ENJOY THEIR PROPERTY BUT WE PUT UP WITH CONSTANT STREAM OF PEOPLE. IT\'S NOW 15 MONTHS INTO THIS AND I CANNOT BELIEVE SOCIETY PUTS UP WITH THIS OR FORCES US TO LIVE LIKE THIS

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT