Legal expert Joe Hoelscher stressed how the regulations go beyond rainbow crosswalks, although he doesn’t anticipate there to be much legal pushback from cities.
SAN ANTONIO — Gov. Greg Abbott’s latest directive to remove political or ideological markings from Texas roadways is stirring debate over free speech and putting San Antonio’s rainbow crosswalk in the spotlight.
On Oct. 8, Abbott ordered the Texas Department of Transportation to enforce existing regulations that prohibit political symbols or messages on public roadways. The governor said the move is aimed at improving safety and ensuring consistency across Texas roads.
“To keep Texans moving safely and free from distraction, we must maintain a safe and consistent transportation network across Texas,” Abbott said in a press release.
However, members of the local LGBTQ community view the directive as an attack on the rainbow crosswalk at Main Avenue and Evergreen Street.
Attorney Joe Hoelscher, a San Antonio-based legal expert, said the directive likely falls within TxDOT’s authority.
“TxDOT has the authority to regulate the appearance of traffic markings, intersections, and so forth as long as the regulations are viewpoint neutral,” Hoelscher said.
The directive does not explicitly mention rainbow crosswalks or any other specific road marking tied to a societal cause.
The governor’s order warns that cities and counties failing to comply lose state transportation funding and risk severed agreements with TxDOT.
TxDOT’s position aligns with federal safety guidelines under the SAFE ROADS Initiative (Safe Arterials for Everyone through Reliable Operations and Distraction-Reducing Strategies), which launched in July and emphasized uniform and non-distracting roadway designs.
Hoelscher said he doesn’t see major legal challenges ahead, noting that public safety is a compelling government interest.
“They can have a rule that affects people’s freedom of speech as long as it isn’t directed at any one group in particular,” Hoelscher said. “There’s a compelling public interest in maintaining safe roadways and consistent signage.”
The order could impact more than just rainbow crosswalks.
“Spurs logos, in other cities we’ve seen military symbols posted to celebrate the various services. Any of that would be illegal under this guidance,” Hoelscher said.
Cities including Austin and Houston have already announced plans to remove their rainbow crosswalks to comply with the directive. Meanwhile, San Antonio officials are seeking an exemption that could be granted if they demonstrate a public safety benefit or “compelling justification,” according to TxDOT.
San Antonio District 1 Councilmember Dr. Sukh Kaur wants to pass a resolution to save the crosswalk.
Local leaders now have 30 days to comply with the governor’s directive or risk losing critical road funding.