LaBerge

FACTS

Jesse and Angela Gutierrez, a married couple who lived on Mary Avenue, obtained a temporary street closure permit from City to close East Mary Avenue between Pinkham Road and Cain Street between 5:00 p.m. and 10:00 p.m. on July 4, 2007, for a Fourth of July block party. Instead of using a type of barricade approved by the City for street closures, the Gutierrezes used ropes. The rope at the Mary Avenue and Pinkham Road intersection was stretched between a street sign and a telephone pole. Attached to each rope was sign

2. that said: “road closed 5:00 pm to 10 pm.” American flags were attached to the rope, one on each side of the “street closure” sign. George Weaver, a City police officer assigned to patrol in the area was asked to visit the block party for public relations purposes. Officer Weaver did not consider it part of his assignment to conduct a safety inspection. He approached the block party in his patrol car by driving up South Cain Street to its intersection with Mary Avenue. When Officer Weaver arrived at the intersection, he saw the sign and other things hanging from a line across the street. He testified he could see the barrier clearly and that it was…