Do crosses violate U.S. standards?
Atheists say shrines may break highway signage, advertising regulations
A week after filing a federal suit against the UHP and the Utah Department of Transportation on claims that memorial crosses erected along Utah's highways violate the concept of separation between church and state, American Atheists Inc. has now claimed that many of the cross monuments located in or near highway rights-of-way may violate federal highway standards.
In a letter sent Thursday to the Utah Division of the Federal Highway Administration and UDOT, American Atheists Inc. president Ellen Johnson said between nine and 14 crosses are close enough to highways to possibly violate federal highway advertising and signage regulations under the Highway Beautification Act of 1965 and related federal code regulations.
She asked state and federal highway officials to review the crosses to determine their legality.
"If the displays are in violation of the law, I would request that your agency take appropriate action," she stated.
The group, including several Utah members, filed the suit asking a federal judge to order the removal of the 12-foot tall metal crosses that are located on government property and to rule that the UHP beehive logo on the crosses is unconstitutional. Some crosses are located on donated private property near highways.
News of the suit has outraged monument supporters, who plan to hold a rally today at 1:30 p.m. at the UHP section office in Murray, 5681 S. 320 East.
The Utah Highway Patrol says the cross symbol was chosen as a symbol of international peace and memorial, not as something religious.
UDOT officials say they are reviewing whether the crosses are in violation of federal law.
"Anyone can apply for a permit for something that impacts our right of way," said UDOT spokesman Nile Easton. "We're evaluating the list submitted. It looks like some of the crosses are in the right of way, some are not, and some are permitted. We're still looking at it."
Easton said they have received the organization's letter, which is being reviewed by legal counsel.
Utah Department of Public Safety spokesman Derek Jensen said his office will also review the placement and permitting the crosses. "As far as we're aware the crosses that were erected were done so with the proper permits, and if that's not the case then we will fix it," Jensen said.
Salt Lake attorney Brian Barnard said the issue of the crosses in Utah state rights-of-way isn't new.
In a 1998 letter sent to Robert Fox of the right-of-way division of UDOT, a federal right-of-way officer for the Federal Highway Administration expressed concern that the planned placement of a series of 12 crosses might violate federal highway regulations.
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