Georgia House, Senate advance bills that critics say could curb ability to protest

A bill creating a new felony charge of obstructing a law enforcement officer with a motor vehicle cleared the House in a contentious vote Tuesday evening. A separate bill raising the penalties against protesters who block streets or highways passed the Senate hours earlier largely along party lines. House Bill 1076, sponsored by Powder Springs […]

A bill creating a new felony charge of obstructing a law enforcement officer with a motor vehicle cleared the House in a contentious vote Tuesday evening. A separate bill raising the penalties against protesters who block streets or highways passed the Senate hours earlier largely along party lines.

House Bill 1076, sponsored by Powder Springs Republican Rep. Ginny Ehrhart, imposes a $100,000 fine and a prison sentence of up to five years for anyone convicted of obstructing law enforcement “by means of a moving or stationary motor vehicle.” It passed in a 97-64 vote after more than an hour of debate.

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Obstructing law enforcement is already a misdemeanor offense under state law, but Ehrhart argued that a heightened penalty was needed to deter the behavior.

“These scenarios escalate quickly and the risk is high,” she said. “We need to deter this crime before injury or death occurs.”

The bill comes in the wake of protests over immigration enforcement efforts in Minneapolis that resulted in two U.S. citizens being shot and killed by federal immigration agents. However, Ehrhart refuted claims that her bill was a reaction to the protests.

“It is not about ICE, it is not about detainees, it is not about immigration,” she said. “This bill is about deterring dangerous behavior that puts people at risk, not just our law enforcement officers, but folks that are engaged in the activity and innocent bystanders as well.”

But House Democrats largely opposed the measure, arguing that the bill’s language would extend to parked or motionless vehicles, and that it could infringe on Georgia residents’ right to exercise their First Amendment rights.

“While everyone agrees that violence against law enforcement is unacceptable, the officers must be able to do their jobs safely, this bill is the wrong tool,” said Rep. El-Mahdi Holly, a Stockbridge Democrat who spoke against the bill. He added that adding a felony charge could be used by law enforcement “to threaten, to coerce or to retaliate in situations that should be resolved with de-escalation.”

Across the hall, Senate Bill 443, introduced by Cordele Republican Sen. Carden Summers, would make obstructing a road or highway a high and aggravated misdemeanor punishable by a fine. Those who are found to violate the law could also be subject to a civil suit.

The bill passed the Senate in a 35-17 vote, with four Democrats joining with the Republicans to support the bill.

Summers, who introduced the bill on the floor, said it was not aimed at curbing protestors, but would prevent drivers, including ambulances and other emergency responders, from being held up in traffic caused by unsanctioned demonstrations.

“If you want to protest, I’m all for it,” he said. “I’ll sit there and protest with some folks, just don’t do it in the middle of the roads.”

Sen. Derek Mallow, a Savannah Democrat, drew comparisons to Bloody Sunday, a march held in Selma, Alabama during the Civil Rights Movement in 1965.

“If that type of civil rights demonstration were to take place here in Georgia, would it be illegal, under this bill, of a high and aggravated misdemeanor?” he asked Summers.

“They can do that if they receive the permit,” Summers replied.

This and other bills have until Friday, March 6 to clear at least one chamber in order to have a smooth path to the governor’s desk. The Legislature adjourns April 2.

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