What is the current state of the law in relation to restrictions on the use of public highways?

California, United States of America


The following excerpt is from Citizens Against Gated Enclaves v. Whitley Heights Civic Assn., 23 Cal.App.4th 812, 28 Cal.Rptr.2d 451 (Cal. App. 1994):

The court also reasoned that: " 'Fundamentally it must be recognized that in this country "Highways are for the use of the traveling public, and all have ... the right to use them in a reasonable and proper manner, and subject to proper regulations as to the manner of use." ... "The streets of a city belong to the people of the state, and the use thereof is an inalienable right of every citizen, subject to legislative control or such reasonable regulations as to the traffic thereon or the manner of using them as the legislature may deem wise or proper to adopt and impose." ... "Streets and highways are established and maintained primarily for purposes of travel and transportation by the public, and uses incidental thereto. Such travel may be for either business or pleasure ... The use of highways for purposes of travel and transportation is not a mere privilege, but a common and fundamental right, of which the public and individuals cannot rightfully be deprived ... [A]ll persons have an equal right to use them for purposes of travel by proper means, and with due regard for the corresponding rights of others".' " (Ibid.)

B. Partial v. Total Closure

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