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� I 1 135 11116 111111 TOO Scott T. Anderson; ,day T. Squires FROMW E ie L. Hedtke July 15, 2003 Welcome to Roseville Signs File No. 4002(l)-0001 recent proposal was made to install "Welcome to Roseville" signs on the roads leading into the City. Generally, the suns would be sponsored and paid for by a community organization. The sponsoring organization would be recognized by placement of its name on the sign. A citizen has written to the council urging them to reject the proposal, in part, because of a court decision arising out of Missouri regarding the Ku Klux Klan and the Missouri Adopt - - Highway program. The court decision to which the citizen refers is Cuffley v. Mickes, 208 F,3d 702 WhOr. 2000) .Rehearsing and rehearing en bane denied May 22, 2000; cert. denied March 5, 2001. to that case, the Court found thait participation in the Adopt -A-- Highway program was a government and benefit and that benefit could not be denied based on the views and beliefs of the Ku Klux Ilan. The Court refused to view the Adopt - - Highway program as government speech and did not determine whether the signs were a public forum.1 The State basically gave four reasons for rejecting the Man's application, Those reasons were: 1) the Ilan does not adhere to all state and federal nondiscrimination laws in that it discriminates on the basis of race, religion, color and national origin; ) the Klan has a history of unlawful and violent behavior; 3) the Civil Rights .pct of 1964 prohibits the State from conferring a benefit to the Klan because of the Klan's discriminatory practices, and granting the application would confer a benefit; and, 4) a State Executive Order prohibits state agencies from allowing discriminatory practices on state facilities and prohibits contracting with an organization that discriminates. The State of Missouri was rather open that it treated the Klan's application different because of the Klan's beliefs and views. The Court evaluated and rejected each 1 In Texas v. Knights of the Ku Klux Klan, 58 F . 3 d 10755 (5th Cir. 1 995), a federal court upheld the refusal by the. State of Texas to allow the Ilan to adopt a highway. The Cuffley Court distinguished that decision by noting that the 5tb Circuit did not decide the Klan had no right to adopt a highway, only that the reasons for denying the application to adopt a highway outside a public housing project were reasonable and viewpoint neutral.