Whiebrink responds to the protestors. (Photo by Amanda McFarland)

Reader Matt Wolkins shared this photo of the protestors from earlier today. (Photo provided)

WARSAW — “Scabby” the inflatable Rat returned to Warsaw this morning, Wednesday, June 8, but this time, INDOT has asked him to leave.

The International Union of Operating Engineers Local 150 continues its protest of MacAllister Equipment for the company’s decision not to unionize. They have also been protesting other local businesses for contracting with MacAllister. Earlier today, they were asked to remove “Scabby” from in front of Wihebrink Landscape Management, along SR 15 not too far north of MacAllister.

According to Chad Hill, Public Information Officer with the Kosciusko County Sheriff’s Department, the call went out around 9:20 a.m. that signs and a giant inflatable were causing visual obstructions to vehicles exiting the Whiebrink driveway.

“An officer arrived, assessed the situation and determined the view was being obstructed,” Hill said.

Officers then contacted the Kosciukso County Prosecutor’s office to find out if there were any code violations. They found that the signs and giant rat were, indeed, in violation of INDOT Code 9-21-4-6, which forbids placement of signs, signals or any devices within 100 feet of the roadway.

Officers then made contact with the protestors to let them know about the code and that they were in violation. However, Hill added, the protestors were not asked to leave altogether. Photos were also taken of the signs and of “Scabby” to show their location in relation to the right-of-way.

“They still did not want to remove it,” he said. “It was explained they could carry the signage on them, but they could not place it in the right-of-way.”

Ed Maher of the IUOE Local 150 noted the protestors were exercising their free speech and does not feel they were in violation of the code in question.

“Our members were on the right-of-way, exercising their free speech,” he said. “Law enforcement came and informed them they were in violation of an ordinance that is a regulation on commercial speech, which would involve advertising, billboards, certainly not constitutionally protected free speech.”

About 20 minutes to a half-hour lapsed and the items were still in place. Personnel from INDOT then came and confiscated the signs and “Scabby.”

“They [also] do that with political signs that are in the right-of-way if there’s a visibility issue,” Hill said. He added INDOT told union personnel where their property was being taken so they could claim it.

Maher noted this is not the first time “Scabby,” has been confiscated, along with “Cheesy,” the stuffed rat costume that has also appeared in local protests.

“We always have gotten them back because it’s protected free speech,” he said.

“Our legal counsel will be reaching out to law enforcement to discuss their understanding of the perceived violations, as well as to ensure we get our property back in the same condition it was in when confiscated,” he said.

Hill noted officers have been on the scene at various protests in the past and they have always been peaceful, as was this one.

“This was peaceful” he said. “The signage was determined to be in violation of the Indiana code by the prosecutor’s office and by INDOT.”

As far as whether the protests will continue, Maher said, “We’ve got to clarify with law enforcement what the differing interpretations of the law are, but it is certainly our position that everything we are doing was constitutionally protected free speech.”

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