While driving along Kiefer Creek Road last November, Michael Elli, flashed his headlights to warn oncoming traffic to proceed with caution. He was pulled over by a City of Ellisville police officer and issued a citation for flashing lights to warn of radar ahead. When Elli appeared in municipal court, he was told the standard punishment is a $1,000 fine. The charge against Elli was eventually dismissed.

“Those who use their First Amendment rights to warn others to drive cautiously should not be punished for their message,” says Tony Rothert, legal director of the ACLU-EM. “After all, the purpose of traffic laws is to promote safety, not generate revenue.”

Update: April 7, 2014

A permanent injunction issued by U.S. District Judge Henry Edward Autrey means Ellisville drivers need not worry about getting ticketed if they use their headlights to send a message to other drivers to slow down and proceed with caution.

In April 2013, the American Civil Liberties Union of Missouri filed a lawsuit on behalf of Michael Elli who was pulled over by a City of Ellisville police officer and issued a citation for flashing lights to warn of radar ahead. When Elli appeared in municipal court, he was told the standard punishment is a $1,000 fine. The charge against Elli was eventually dismissed.

“Expressive conduct is protected whenever a particular message is present and the likelihood is great that the message would be understood by those who viewed it," explains Tony Rothert, legal director of the ACLU of Missouri. “Even new drivers understand that an oncoming car with flashing headlights means they should either slow down, turn on their headlights, or otherwise use caution.”

“The police cannot retaliate against drivers who have done nothing wrong and are simply exercising their right to communicate with other drivers,” says Jeffrey A. Mittman, executive director of the ACLU of Missouri.

Attorney(s)

Anthony Rothert and Grant Doty

Date filed

January 23, 2017

Court

United State District Court/Eastern District of Missouri/Eastern Division

Status

Closed