Derby Passes Roadside Memorial Law

The Board of Aldermen passed a pared-down roadside memorial law Thursday by a 5 – 2 vote.

The law has been in the planning stages since August, when it was first raised by Alderman Anthony Szewczyk.

Szewczyk said he had heard complaints from residents about a roadside memorial set up on Derby Avenue in 2002. The memorial, remnants of which are still visible, had resulted in broken glass on the sidewalk.

The idea of regulating the memorials was met with emotional opposition from Jill Garofalo. She lost her 16-year-old son, Tim, in ATV accident on Hawthorne Avenue in 2004.

A memorial exists in the spot where the teen died.

Garofalo spoke briefly to the Board of Aldermen Thursday, the latest in a series of appearances she has made against the law. She said the sixth anniversary of her son’s death is coming up at the end of the month. She urged elected officials not to act on the law.

I hope this is the last time I have to face the board on such a sensitive issue,” Garofalo said.

The Aldermen debated two versions of the law. 

Both versions barred memorials placed on public property that present a potential threat to the public — no glass, no candles and they can’t block traffic or obscure views.

The difference between the two versions — one had a 90-day time limit, at which time the memorial had to be removed, and, if the person who put it up desired, be replaced by a small marker provided by the city.

Alderman President Ken Hughes and Alderman Joe Bomba voted for the version with the 90-day limit. 

This isn’t an issue that was brought up and just thrown into subcommittee,” Bomba said. There were concerns from residents of the city about roadside memorials and public safety is one of our jobs.”

The rest of the board went with the less stringent version — no time limit.

Mayor Anthony Staffieri asked each Alderman to give their opinion.

I don’t believe there should be a 90-day time limit,” said Alderman Joseph DeMartino. As long of we have rules of what they have to follow as to what can and can’t go out so nobody gets hurt, I believe it should stay up there as long as people take care of it.”

I’m with you Joe,” said Alderman James Benanto, Jr. Sometimes I think why (do) we get involved in certain things, I don’t know, but we are and I think we have to make a decision tonight.”

Keep local reporting alive. Donate.ValleyIndy.org