State lawmakers in five states look to deter highway protests

One trending topic at statehouses is legislation to address concerns about highway protests. Federal legislation also covers the topic.

At least a half-dozen states have acted in recent years to adopt rules that are intended to deter highway protests.

South Dakota and Tennessee were the first to take action to address concerns about people blocking busy roadways. The South Dakota law set the punishment for standing on a highway to block traffic at one year in jail and/or $2,000 in fines. The Tennessee rule quadrupled the state’s possible fine for obstructing a roadway from $50 to $200.

Texas soon followed, enacting a rule that closely mirrored Tennessee’s action. Additionally, Florida law states that protesters who “willfully obstruct the free, convenient and normal use of a public street, highway or road” would face prison time.

Elsewhere, state lawmakers in Iowa and Oklahoma enacted rules to provide civil immunity in certain instances for drivers of vehicles who injure someone blocking traffic.

Supporters contend that efforts to keep protesters off busy roadways is a common-sense way to help ensure public safety. Critics, including the American Civil Liberties Union, view efforts to punish protesters as violations of the First Amendment.

Arizona

The Arizona Senate recently voted 16-13 to endorse legislation that addresses concerns about highway protests.

State law classifies blocking traffic to create an “inconvenience or hazard” as a Class 2 misdemeanor punishable by up to four months in jail. SB1073 is intended to further deter the illegal activity.

Sponsored by Sen. John Kavanagh, R-Fountain Hills, the bill states that a person who intentionally interferes with traffic on a highway, bridge or tunnel or any roadway leading to or from an airport holding at least 25 vehicles or people would face a Class 6 felony charge.

The felony charge could result in fines, probation or up to six years in prison.

Speaking on the Senate floor, Kavanagh said the bill is not about stopping protests. It is about stopping protests that obstruct others from getting to where they want to go.

“This bill is about people who intentionally get into traffic and stop cars for the purpose of stopping cars … This is totally unacceptable.”

The bill has moved to the House.

Minnesota

A Minnesota House bill would boost penalties for highway protests that intentionally disrupt traffic.

HF1069 would make it a gross misdemeanor to interfere with or obstruct traffic that is entering, exiting or on a freeway. The distinction would increase the punishment for such actions from up to 90 days in jail and/or a maximum $1,000 fine to up to one year of imprisonment and/or a maximum $3,000 fine.

The bill is in the House Public Safety Finance and Policy Committee.

New York

One New York bill covers intentionally obstructing a public road, bridge, transportation facility or tunnel.

Sponsored by Assemblywoman Stacey Pheffer Amato, D-Queens, A8951 would increase the penalty from a Class A misdemeanor to a Class D felony.

The felony charge carries a maximum prison sentence of seven years.

The legislative pursuit follows recent protests that blocked traffic on the Brooklyn, Manhattan and Williamsburg bridges. Another protest blocked the Holland Tunnel.

The bill is in the Assembly Codes Committee.

Tennessee

In Tennessee, legislation in both statehouse chambers covers concerns about highway protests.

Sen. Brent Taylor, R-Memphis, highlighted a protest earlier this month that blocked traffic on the Hernando DeSoto Bridge crossing the Mississippi River on Interstate 40 in Memphis.

“Thousands of motorists sat stranded in traffic for two hours while misguided individuals attempted to make a political statement,” Taylor wrote in a letter to the Tennessee Bureau of Investigation. “The unlawful commandeering of Memphis bridges is becoming an all-to-common occurrence.”

HB2031/SB2570 would increase the penalty for intentionally obstructing a highway or street. The penalty would increase from a Class A misdemeanor to a Class D felony.

A Class D felony carries a punishment of between two years and 12 years behind bars. A maximum fine of $5,000 also could be assessed by a jury.

According to the General Assembly Fiscal Review Committee, there have been an average of 16 Class A misdemeanor convictions for obstructing a highway or other passageway in each of the past five years.

The Senate bill is in the Senate Judiciary Committee. The House bill is in the House Criminal Justice Committee.

LETTER REQUESTING TBI INVESTIGATION INTO ILLEGAL I-40 BRIDGE PROTEST. For Immediate Release: pic.twitter.com/z4uXRKphSr

— Senator Brent Taylor (@SenBrentTaylor) February 5, 2024

Washington

Multiple bills in Washington state also address highway protests.

A bipartisan House bill is intended to bring a permanent end to highway blockades “that endanger lives, cripple commutes and undermine law and order.”

The legislation follows a protest last month that shut down Interstate 5 in Seattle for five hours.

Rep. Andrew Barkis, R-Olympia, is the House sponsor of a bill to impose tougher penalties on people taking part in protests that block roadways.

HB2358 would create a gross misdemeanor offense, punishable by fines and/or jail time, for individuals who, acting with three or more people, block traffic on a state highway without legal authority.

Offenders would face possible felony charges if the obstruction is determined to have created a risk of injury or impeded an ambulance, or if the individuals refused to disperse upon lawful order.

“It is time to reclaim our roads and send a clear message to those who wantonly break the law and endanger others,” Barkis said in recent remarks. “We will enforce the law and hold people accountable for making their fellow citizens suffer.”

The highway protests bill is in the House Community Safety, Justice & Reentry Committee.

Sen. Drew MacEwen, R-Shelton, is behind a bill that would make it a Class C felony for anyone who does not disperse from a public roadway when instructed to do so.

“Every person as the right to peacefully protest on whatever issue they feel passionately about, but they do not have the right to infringe on others’ rights, including the ability to travel freely,” MacEwen stated.

Addressing the recent I-5 protest, Washington State Police Chief John Batiste said that “civil disobedience is an important feature of democracy, but it comes with accountability.”

SB6160 is in the Senate Law and Justice Committee.

Federal legislation on highway protests

In addition to statehouse pursuits to curb highway protests, a federal effort is also underway.

Congressman Chuck Edwards, R-N.C., introduced a bill to make intentionally obstructing, delaying or affecting commerce by blocking a public road or highway a federal crime.

Offenders would face up to five years in prison. LL

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