Klan Prevails On Procedural Grounds In Department of Transportation Appeal To Georgia Supreme Court; Wants To Adopt A Highway

The Georgia Supreme Court has held that it lacked jurisdiction to review the challenge of the state Department of Transportation to the participation of the Ku Klux Klan in its Adopt-A-Highway program

This case presents important questions about the doctrine of sovereign immunity and the constitutional guarantee of the freedom of speech. But before we can resolve those questions, we must consider our jurisdiction of this appeal. The case comes to us as an appeal of right. The appeal is taken, however, from a judgment of a superior court reviewing a decision of a state administrative agency, and under OCGA § 5-6-35 (a) (1), there is no appeal of right from such a judgment. An appeal from a judgment of that sort must come instead by way of an application for discretionary review. No application was filed in this case, and that leaves us without jurisdiction. For that reason, the appeal is dismissed.

 The story

As a part of its efforts to maintain the state highway system, the Georgia Department of Transportation administers the Adopt-A-Highway program, which encourages civic-minded Georgians to volunteer to remove litter along state and federal highways throughout Georgia. The Department has promulgated a number of conditions and requirements for those who seek to participate in the program. An organization, business, family, or other group can apply to adopt a particular stretch of highway, and if the Department approves an application, it assigns that stretch of highway to the applicant, the applicant commits to remove litter from the roadside from time to time, and the Department erects a sign along the highway to recognize the applicant. In May 2012, the International Keystone Knights of the Ku Klux Klan applied to participate in the program and sought to adopt a one-mile stretch of State Route 515 in Union County. The Department denied their application.

 The Department contended that it was unsafe to allow adoption in light of the 65 mph speed limit, as the Commissioner stated

The impact of erecting a sign naming an organization which has a long-rooted history of civil disturbance would cause a significant public concern. Impacts include safety of the traveling public, potential social unrest, driver distraction, or interference with the flow of traffic. These potential impacts are such that were the application granted, the goal of the program, to allow civic-minded organizations to participate in public service for the State of Georgia, would not be met.

 The Klan sued in Superior Court. The Department had sought to appeal after losing on a motion for summary judgment.

The Department has suspended the program but may resume it in the future. (Mike Frisch)