Islands of LA has begun to revisit and deepen its examination of the question of peaceable assembly or the right of assembly, which is raised by the legal context of pedestrian accessible traffic islands in the United States. The right to peaceable assembly – to meet or congregate in publicly owned space to deliberate, express [...]
Visit an Island
Fantastical pockets of intimate, highly visible public space, traffic islands are often thought of as lines separating the flow of traffic or, for the pedestrian, points along a transportation node for very brief stops. But, they are also absurd and diverse way-stations in our urban infrastructure. In some countries, everyday residents build small homes, shops or other permanent structures. In other countries, everyday people can visit these places for temporary activities such as picnics or protests. Whereever you go, you can visit these city sites, hidden in plain view, that contain layers of stories compressed into an isolated space, a vaction place that triggers a connection to the deeply existential idea of an island.
Guidelines for visiting a traffic island in the United States
- The island must have pedestrian access such as a crosswalk
- Anyone can visit an island at any time without a fee or permit
- You can install a temporary structure as long as it is not left unattended, does not obstruct the view from one side of the street to the other, does not permanantely alter the island, would not be dangerous to drivers if they ran into it or pedestrians if it were to fall (i.e. no tall/large objects which could end up in the street), does not require blocking traffic for extended periods of time to install/remove
- You are allowed to have music or make noise as long as nobody complains. If someone finds it too loud, they can call the police for disturbing the peace.
- Keep the pedestrian walkway on the island clear for pedestrian right of way
- Keep the road clear for vehicular right of way
- Do not risk public safety
- No alcohol is allowed to be consumed in public
- In California, there is no digging allowed on public property
- Note: ordinances may vary by city and state. For example, in Santa Monica you are only allowed to walk or jog and in some cities there a permit may be required for large groups to gather
Additional information
- Traffic Islands: A History of Gathering
- Island Law
- Peaceable Assembly
- Top Reasons to visit a traffic island
- Commonly asked questions
Island Insurance Issues
In late June 2010, Islands of LA encountered a dilemma around purchasing liability insurance, which was requested by the city, a neighborhood group maintaining the traffic island and LACMA. The various parties required the coverage in order to plant a radish garden and have related, small gatherings on a traffic island. This [...]
Traffic Islands: A History of Gathering
If you visit a traffic island in the United States, where public space for assembly is a rare commodity, you are celebrating and participating in a history of gathering. We often imagine the great town square and dream of people laughing, discussing politics, trading, meeting strangers, sharing stories. Many bemoan the loss of [...]
Top Reasons to Visit an Island
There are a variety of reasons to visit an island including to experience the unique sense of intimacy or to take a nap. You can also appreciate the variety of scenery or enjoy the local foods found on islands.
Commonly Asked Questions about Visiting an Island
How do I legally visit an island? Islands in the United States that are pedestrian accessible (i.e. have a crosswalk or don’t require jaywalking) can be lawfully visited as long as you don’t interfere with substantial government interest such as traffic safety. Additionally, nothing permanent can be placed, including plants (in California there is a [...]
Island Law
The laws around the use of traffic islands, and public space in general, vary around the world. In the United States, while it is an open question of the law, a traffic island with pedestrian access is most likely considered a Traditional Public Forum and protected by the First Amendment. This accords these spaces with [...]
Most Likely (an open question of the law)
In the United States, traffic islands with pedestrian access are most likely protected under the First Amendment to the U.S. Bill of Rights for peaceable assembly and free speech. What does “most likely” mean for Island Law?
The law in the U.S. is created by a complicated interplay among the Supreme Court, the U.S. Constitution and [...]
The First Amendment to the U.S. Bill of Rights
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Island Picnic with Two Lawyers
[ January 14, 2009; 12:30 pm to 1:30 pm. ] Last week I meet with a couple of lawyers from Munger, Tolles & Olson on an island just on the other side of the 110 freeway in downtown. Zac, one of the lawyers, and I have been working together for several months. We were joined by Derek, a bankruptcy lawyer in his firm. Derek and I [...]
Island Background
Islands…
Exist in different places throughout our cities, in relation to the urban environment and neighborhoods that surround them. In other words, these are not just generic spaces, they are places with histories, people, movements, etc.
Are highly visible and are surrounded by the everyday happening of the city, often creating an oddly intimate space.
As unusual artifacts [...]