In Battle Pitting TxDOT Regulations Against The Ten Commandments, God Wins

By Amy Silverstein Mon., Sep. 22 2014 at 9:00 AM

This is an example of a Ten Commandments sign that would not be OK with TxDOT, even under its newer, hipper and more constitutional sign regulations.

The Texas Department of Transportation's sign regulations are so strict that the agency once said that even the commandments of the Lord would require a permit. But the woman who owned the Ten Commandments sign in question fought back, and it seems that TxDOT is finally putting its rules into perspective. Now Texan homeowners who live along highways are free to warn passing drivers about what they shall not do, as long as they can keep the message on a sign that's smaller than 96 square feet.

Jeanette Golden purchased a 72-square-foot sign listing "God's 10 Commandments" and put it in her front yard in August 2013. Her Sabine County home sits on Highway 21, so drivers passing through could easily see the sign. And so could TxDOT.

The state sent Golden a letter in May informing her that the sign counted as an "outdoor advertisement" and needed a permit, a process that would have shaken the pious woman down for a lot of extra cash. Getting the outdoor advertising license required a $125 fee, a $200 surety bond, a $100 permit application fee and an annual renewal fee of $75, according to an attorney at the Liberty Institute who took on her case.

Pushed by the Liberty Institute, TxDOT attempted to explain itself. The state's Highway Beautification Transportation Code extends TxDOT's regulatory grasp into private property, the agency explained, and businesses are only permitted to advertise for themselves on their own property. No one can advertise for anything besides oneself.

But Golden and the Liberty Institute argued that her sign was never an advertisement at all -- just a non-commercial message expressing her religious views. After the Liberty Institute accused TxDOT of violating Golden's freedom of speech, the agency agreed to compromise.

In a press release, the Liberty Institute announced Thursday that TxDOT has just changed its rules to allow people who live along highways to post signs on their own property without a permit, as long as the signs stay within the size limit and don't promote a business. Liberty Institute attorney Mike Berry said an a statement that "we commend TXDOT's commitment to religious freedom and private property rights, which are the most sacred rights Texans and Americans enjoy, dating back to the founding of Texas and our nation."

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Charlie

If it's on private property, they should be able to put up whatever they damn well please

bvckvs topcommenter

The court erred. Religion IS a business.

edmp

Matthew 6:5-6

Sharon_Moreanus topcommenter

My grandfather was a minister, just like Mrs. Golden.

He didn't need a sign to tell everyone what he believed in.

holmantx topcommenter

Descansos are allowed along Texas Highways only if the person being memorialized died as a result of a DWI or motorcycle accident.

And, yes, you have to make application with TxDoT, attach the police report indicating drugs, alcohol or motorcycle was the cause of death, and you must purchase the sign which TxDoT inscribes and places on site.

grubbspaul

So how much does TUDork spend on not fixing our roads?

ThePosterFormerlyKnownasPaul topcommenter

Sounds as if TxDOT is more interested in the $75 annual fee.

TheRuddSki topcommenter

@holmantx

...as a result of a DWI or motorcycle accident.

If you die as a result of texting drunk on your motorcycle, TXDOT will pay for your roadside crucifixion.

Anon.

@grubbspaul:

TxDOT won't fix the highways because your legislature won't allocate sufficient resources to do the job. If you want state highways properly maintained then tell your legislator to give TxDOT what the agency needs to do the job.

TheCredibleHulk topcommenter

@ThePosterFormerlyKnownasPaul

Thou shalt not deprive TxDOT of its juice.

TheCredibleHulk topcommenter

@TheRuddSki

And if you don't happen to die as a result of texting drunk on your motorcycle, I'll buy you your next Manhattan.

grubbspaul

@? Anon-Thank you for the civics lesson. Apparently you have no idea how much time and effort ($$$) TXDot spent attempting to prosecute this citizen exercising their Constitutional privileges while ignoring one of their basic duties.At least you didnt attempt to blame the previous administration.

fred.garvin.mp.713

That sums up the Tea Party best.

They believe government can't do anything right, but they're not willing to pass the taxes or bond measures necessary for government to work.

You can't build civilization for free, folks.

TheRuddSki topcommenter

@TheCredibleHulk

I don't text period, but if you buy me enough likker, I'll try it.

Anon.

@grubbspaul

Happy to help. Here is an additional hint: If you don't like the regulations, contact your legislator to get the law those regulations are based upon changed.

edmp

@grubbspaul 0.00001% of what it costs to maintain their system.

edmp

@fred.garvin.mp.713 The Tea Party will have us use toll roads instead. The state gets less than 40 cents per gallon. The toll roads collect more than 15 cents per mile. The NTTA is at 16.16 cents.

Since the units are not the same, we must convert. In order to convert we must estimate fuel efficiency. The average efficiency is about 20 mpg. To convert, multiply the efficiency and the rate.

15 cent/mile x 20 miles/gallon = $3.00 per gallon

That's right you pay about $3 per gallon just to drive on the toll roads around here. Added to the price of gas, that about $6 per gallon.

But an extra 10 to 20 cents per gallon is too much...

Anon.

@edmp

You need to rework your numbers. The state fuel tax on gasoline is twenty cents per gallon. The Feds get a little more than eighteen more cents per gallon.

edmp

@Anon. Yep, what I said is correct. Regardless of revenue path, the State of Texas 20 cents (Texas) plus 18.4 cents (HTF) is 38.4 cents. 38.4 cents is less than 40 cents per gallon. Then we can also discuss the diversions that further reduce the amount available to be spent on transportation. Texas gets the lowest return from the HTF. Education, DPS, and several others take a cut at the state level. This number is still under 40 cents.

I rounded both calculations because it is an order of magnitude comparison. The toll roads collect more than 7 times the revenue from their users.

It is ridiculous to think that people won't pay an extra 10 to 20 cents per gallon in fuel tax, but they will pay an extra $3 or more if it is collected as a toll.

The new LBJ project will charge up to 55 cents per mile. Using the same average of 20 mpg, this is an extra $11 per gallon to use that facility. That is more than 28 times what the state could get from the gas tax.

Even if you end all diversions the amount is still nowhere near the amount charged by the toll road (lanes) alternative.