The New “anti-riot” Law in Florida. Governor DeSantis and Republicans have passed HB1, the so-called “anti-riot” bill, representing their first priority for the state of Florida. The law enhances penalties for crimes committed during a riot or violent protest. It allows authorities to hold arrested protestors without bail until their first court appearance. It creates felony offenses for organizing or participating in a violent demonstration. It strips local governments of their civil liabilities if they interfere with law enforcement efforts to respond to violent protests. It creates a felony offense for “mob intimidation.” Mob intimidation is 3 or more people who use force or attempt to use force to induce someone into doing an act or adopting a particular viewpoint. Blocking a highway or road during a protest is now a felony offense. It creates civil immunity for those individuals who use their cars to hit or run over protestors who are blocking the road or highway. It is a 2nd degree felony (up to 10 years in jail) for destroying or defacing a memorial, plaque, flag, or statue that represents a historical event.
The origins of this bill can be traced to DeSantis’ vocal opposition to the Black Lives Movement political protests of last year in which he and Republican Senate leader Wilton Simpson and Republican House Speaker Chris Sprowls opposed in a statement on September 21, 2020. They characterized the Black Lives Matter protests as attacks on law enforcement. Micah Kubic, director of the Florida Chapter of the American Civil Liberties Union, characterized the law as, “…designed purposely to embolden the disparate police treatment we have seen over and over again directed toward black and brown people who are exercising their constitutional right to protest.”
All the Democrats in the House and Senate opposed the legislation and the Legacy Entertainment and Arts Foundation out of Orlando has already filed a law suit against the new law in Federal District Court in central Florida. The suit contends that the legislation targets free speech as protected under the first amendment and that it is written in such a broad way as to define any protest as a riot or participant in the protest as inciting a riot. The suit also contends that it simply amounts to retaliation against those subject to these laws with excessive bail, fines, or cruel and unusual punishment. No doubt, there will be other suits filed against it as well.
While DeSantis, mimicking his hero Donald Trump, sees this as a law and order, pro-police law, I see it as an attack on freedom of assembly, free speech, and local government. My reading of the law is that it will have a chilling effect on anyone that considers participating in any political protest. For example, if a small number of people in a peaceful protest cause trouble in anyway (as determined by the police), then everyone in the protest is considered to be a rioter and can be arrested on the spot and held in jail until their first court appearance. Kara Gross, the legislative director of the Florida ACLU, supports my interpretation, "It is impossible for individuals to know how to conduct themselves in order not to be arrested. Under this law, the language can be interpreted in so many different ways. For example, the definition of riot is very broad and very vague and could allow for the arrest and charge of an individual with committing a riot 5 years in prison and loss of voting rights, even if they didn't engage in any violent conduct."
The law also says that if the stated political opinion of those in the political protest is different from the state (the Governor’s opinion for example), then the protestors can be arrested for “mob intimidation” and the state can prosecute them. This is a clear violation of one's free speech liberties. Similar to the “defunding the police” provision of the same law, it is also an attack against local or home government rule. It eliminates the civil liabilities protections of cities if they “interfere” in law enforcement efforts to respond to a violent protest. A criticism by a Mayor or member of the city council of the local law enforcement agencies could be interpreted as interfering with law enforcement efforts to respond to a violent protest. The individuals who have property damaged during this violent protest could then sue the city for the damages under the new law. It will have a chilling effect on any local government criticism of local law enforcement.
The provision that focuses on memorials and statues can easily be translated as anything representing the racist Confederacy. It also makes it a felony to block the highway or a road during a political protest and goes so far as to grant civil immunity for anyone who hits these protestors, mistakenly or purposely, with their car in the highway or road. Think about the young lady in Charlottesville, Heather Heyer, who was purposely run down and killed by a white supremacist in his car during the protests. Under this Florida law, her family could not pursue a civil suit against the perpetrator. Think about that...
It is clear to me that the new law is designed to muzzle or have chilling effect on political dissent in Florida. If you value your civil liberties and local government, you must oppose this overly broad, authoritarian law.
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