Attendees: MassHighway: Commissioner Luisa Paiewonsky and assistant; District 4 Director Patricia A. Leavenworth; Paul Stedman, Operations Manager for District 4, one other but can’t recall name; Jim Sereigo-Wareing
Purpose of Meeting:
Commissioner Luisa Paiewonsky called this meeting to discuss her upcoming directive to ban all flags, displays and signage on bridge overpasses.
Meeting place/time
10 Park Plaza, Boston, MA; 2:45 P.M.-3:45 P.M.
Note: I arrived 10 minutes late and also that Commissioner Luisa Paiewonsky was called away for another meeting prior to this meeting and only stayed 15 minutes.
Meeting recap: Commissioner Luisa Paiewonsky started by stating how much she admired the displays every time she drives by one of the overpass/bridge displays placed by Jim and others. Commissioner Paiewonsky noted that there have been issues in the past with sheets and signs placed on bridges placed by others and that these bridge displays need to be removed before winter.
Commissioner Paiewonsky went on to say that she is responsible for the safety of the highways throughout the commonwealth and that she can no longer chance any banner or flag becoming displaced and flying off the overpasses and landing on a windshield. Commissioner Paiwonsky stated that even though nothing has happened with any banners or displays that she is no longer taking a chance. Since last October when the first controversy with these overpasses began, Commissioner Paiewonsky has been working with her legal staff and others under her command to come up with alternatives to these displays on bridge overpass. Commissioner Paiewonsky also stated from their legal prospective they cannot chance being selective in what is placed on the overpasses/bridges and what is not (censoring).
There were two suggestions for alternatives:
1. By permit, people would have a designated area that would be deemed safe by MassHighway to have a display placed very similar to cities that have adopt- an- island program. This could be a site off a highway such as an exit ramp island or something like that.
2. Have signage placed in ‘safe’ areas such as rest stops showing support for our troops (signage prototype was shown at meeting and I now posses this prototype). These signs would be made by MassHighway and be made of metal.
Jim stated that although these would be alternative ideas, that the overpasses are decorated in a fashion to honor the fallen soldiers, their families and our active troops and veterans. Jim explained why the two bridge displays he did were put back this May or 2007;
· Jim showed several newspaper articles with photos and passed then along the meeting room. Three articles were Eagle Tribune newspapers dated Saturday, May 26 (page 1) Monday May 28 ( page 26) and the latest being the Thanksgiving Day Eagle Tribune whereas Andy Jimenez was on the front page crying with soldiers huddling around him. I explained that I spent two days at Fort Drum with Andy as they honored Alex who was capture by Al Qaeda and now a POW/MIA. Jim stated that Andy and Alex Jimenez were the reasons why these overpass displays were placed back up at the end of May 2007 as well as for the soldiers themselves who sacrificed their life for our country. These displays were previously removed after the controversy last October 2006 when MassHighway put a ban of the displays and then reversed their decision late in the day. This bridge display is the Rt. 213 overpass in Methuen, MA.
· Also shown was a Lowell Sun article dated Friday, October 6, 2006 page 3, ‘It’s just another bridge’. Jim explained that this display with a wreath and flags was for fallen Marine Andrew Zabierek who had died in Iraq (this display prompted citizens and legislators to later on naming this bridge the LCpl Andrew Zaberiek Memorial Bridge. This bridge display is the Rt 4 overpass on Rt 495, Chelmsford, MA.
Everyone acknowledge in the room that they respect what Jim does but that safety is an issue as Jim is not the only one who places up displays and banners. They also stated that they would be put in awkward and legal fight censoring some displays in the future if displays and banners were allowed to stay.
Jim raised a few questions which were:
1. One issue at hand is that MassHighway has to take down banners, sheets and torn flags. How does an outright ban on displays stop the people who do not follow the rules from still placing banners or flags up, thus forcing MassHighway to still go around and remove these displays?
Jim stated that the only people who will be hurt by this ban are the ones that do the larger displays and people who play by the rule. Paiewonsky stated that there is still their legal issue of selective censorship but more importantly that flags and banners even when placed on the inside of the bridges still pose a safety issue.
2. Censorship happens now with MassHighway’s adopt- a- highway program, doesn’t it? If a radical hate group wants to adopt a highway and have a sign placed for their cause are they allowed?
Answer was that those individuals have to pass MassHighway and Federal guidelines for the program and that they have discretion (censorship).
3. Can’t there be a program where a person or organization is required to get a permit for their display and adhere to strict guidelines regarding safety and content?
Answer was there is still their legal issue of selective censorship but more importantly that flags even when placed on the inside of the bridges still pose a safety issue and that the guidelines for safety would be very restrictive.
4. Have there been any accidents caused by these displays?
Commissioner Paiewonsky stated that although there have not been she is not going to wait until a mishap occurs and someone is injured.
Director Patricia A. Leavenworth mentioned that they are always looking out for safety and that MassHighway had to clamp down on Memorial displays alongside highways. She stated that people were putting up teddy bears and crosses at accident sites along the roads.
· Jim stated to Patricia and others that she made a good point but question whether double standards exist within MassHigway on this issue as they are censoring the average citizens of Massachusetts who lost a loved one in an accident.
Jim explained that MassHighway allowed a 4 or 5 foot square granite or marble cemetery headstone to be placed along side the highway on RT 3, near Kingston, MA for Trooper Mark S. Charbonnier, a state police officer who was shot and killed during a routine traffic stop. Jim stated that when he drives by the headstone placed only feet from the side of the road that there are always people putting things on the memorial which would mean that these people stopping on the highway are not stopping for an emergency as signage permits. Jim said those same rules should apply to everyone, especially someone who only wants to place a small white cross. Only one person in the room acknowledged they knew of this memorial display placed on Rt 3.
At the conclusion of this meeting Jim stated that it is obvious that the only decision he has to make is who will be taking down his patriotic displays since MassHighway made it clear that these displays are no longer allowed. The reply was ‘yes, as these displays are no longer permitted.’ It was said that it would be better if these displays were removed by me than MassHighway as it would less controversial.
Jim mentioned that prior to the ban last year and the fact that these displays must be secured and secured on the inside of the bridges that the banners, signs and cups were excessive but that he rarely sees cups being used and that the sheets and signs were on a decline. They acknowledge this but stated there are still some problem areas within the commonwealth. Jim also stated that he e-mailed his proposal on December 26, 2006 to set guidelines for the displays but MassHighway did not act on the e-mail. MassHighway representative apologized for taking so long for a policy and have now presented one which is a total ban on displays.
Jim left the meeting saying he will think this through and let MassHighway know how the bridges will be taken down. Jim mentioned that he will mull over the alternative ideas and any others he may come up with. MassHighway asked that Jim speak to others about the alternative proposals which he said he would.
Jim turned to Director Patricia Leavenworth and asked for a clarification on the deadline for the removal of the displays. Jim stated that the commissioner stated the deadline to be 'before winter' (Dec 21). Patricia stated that a week or two would be expected before the bad weather would be setting in. Paul Steadman agreed with a nod.
Overall the meeting was cordial with just very different opinions on the validity of the issues and weighing the benefit to the soldiers, their families and past veterans.
Minutes prepared by: Jim Wareing
November 27, 2007
Cc: Linda Noone
