Sign-waving is designed to attract drivers' attention and thereby detract them from their driving responsibilities.
Under the doctrine of attractive nuisance or the charge of creating a driving hazard, would the candidate and/or his supporters be held liable for causing a rear-end crash or if the driver accidentally ran into one or more of the sign-wavers because of their actions?
Personally, I support a candidate's right to wave his campaign sign under our Constitution's freedom of speech doctrine. However, I believe sign-waving becomes an attractive nuisance or a driving hazard when you have dozens of the candidate's supporters waving their signs and yelling at the drivers to detract them from driving. Who is going to be liable for the damages, injury or death caused by the accident?
William T. Kinaka
Wailuku
