The Mercury News

Trump supporters’ overpass protests raising concerns about public safety

People have a legal right to assemble there, mayor says

- By Peter Hegarty phegarty@ bayareanew­sgroup.com

LAFAYETTE >> Since November’s election, supporters of President Trump often have gathered on a Highway 24 overpass, hanging signs and waving flags as cars drive underneath, much to the displeasur­e of some residents, who say the assemblies threaten public safety.

After the attack on the U.S. Capitol earlier this month, it’s a troubling demonstrat­ion for some, who are demanding that city officials curb the gatherings. But the protesters have a right to demonstrat­e, the mayor noted in a statement.

Lafayette police routinely send an officer in a patrol car to park near the El Curtola overpass when people show up in case trouble breaks out. Since last year’s presidenti­al election, two arrests have been made.

“What I have experience­d at El Curtola has really changed my point of view,” Emma Cypressi, a 16-yearold high school student who lives in Walnut Creek, told the City Council on Jan. 11.

The teenager said she has visited the span to takes photograph­s because she’s interested in politics. But people threatened her, including saying they would break her photograph­y equipment, she said.

“I am no longer frequentin­g the El Curtola overpass because I am personally very scared of these people,” Cypressi said.

About a half-dozen people

weighed in during the online council meeting about the regular demonstrat­ions on the El Curtola span. The issue was not on the agenda and the council took no action.

All speaking to the council voiced concern about public safety, including that a flag or another item might fall onto traffic and cause an accident or collision.

Many who gather at the span do not wear masks, despite them being required during the COVID-19 pandemic, Walnut Creek resident Moxie Marsh said.

“They are also endangerin­g the people who are here in this neighborho­od,” Marsh said. “They don’t wear masks and are in these large groups on a daily basis.”

Lafayette resident Carol Singer questioned whether the demonstrat­ions are legal.

“Why is nothing being done?” Singer asked the council. “That’s what people want to know. And you have given no answer.”

In a release apparently prompted by the comments, as well as the attack on the nation’s Capitol, Mayor Susan Candell said people have a right to gather on the El Curtola.

“There have been calls for the overpass to be closed,” Candell said in a statement. “Under the law, however, we cannot do this and prohibit lawful protests. Likewise, the city cannot limit access to the overpass to only residents, as has been suggested. All members of the public, no matter where they live, have the right to peacefully assemble on the overpass. If the city of Lafayette were to hinder those rights, it could expose the city to significan­t legal challenges and, perhaps, make Lafayette a focal point for future protests.”

City spokesman Jeffrey Heyman said Friday that two people have been arrested on suspicion of assault in connection with gatherings on the bridge. But he could not provide other details, saying the cases remain under investigat­ion.

The overpass has become a regular spot for political gatherings, especially during rush hours.

“I’m not intimidate­d anymore,” David Gaskell, a Republican Party supporter, told local TV station KPIX in November when he joined others on the span. “I feel very strongly about my beliefs. I’ve got patriots out here. I feel really comfortabl­e expressing my opinions.”

 ?? PHOTO BY MARTHA ROSS ?? A man who wouldn’t give his name but who says he lives locally, skates across the El Curtola overpass above Highway 24, waving a Trump sign, in Lafayette in November.
PHOTO BY MARTHA ROSS A man who wouldn’t give his name but who says he lives locally, skates across the El Curtola overpass above Highway 24, waving a Trump sign, in Lafayette in November.

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