Regulating roadside memorials

January 19, 2009
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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?
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  • 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

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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