New Bill Ahead of the Ohio 2022 Midterms Could Target Protesters and Deny Free Speech
As we head towards the 2022 Midterms, a lot is going on in Ohio. Several scary bills are currently moving through the Ohio state legislature, including one that would crackdown on freedom of speech. House Bill 109, proposed initially in response to protests in the summer of 2020 over George Floyd’s death increases consequences for those involved in riots. But there is no need to increase penalties, as those who were involved in riots, most notably an incident at the Ohio statehouse, were prosecuted fully under current law. HB 109 passed out of the house along party lines in February and is currently waiting for a vote in the Senate. Republicans tout the bill as protecting law enforcement, but Democrats and free-speech activists warn that it could be weaponized against protestors and activist organizations. So, what exactly is in this bill, and why is it so bad?
This anti-protest bill has several components; it creates new felonies, increases penalties for several existing misdemeanors, expands Ohio’s “corrupt activity” laws to include those that support a riot in many ways, and allows police officers to sue people who file false complaints.
The bill would create new felonies, riot assault, and riot vandalism. These are pretty much exactly what you would expect them to be. The bill would also create the felony “bias-motivated intimidation” and “harassment in a place of public accommodation,” a misdemeanor. Existing criminal penalties for offenses like rioting, aggravated rioting, disorderly conduct, and vandalism are increased as a part of this as well. Disorderly conduct is currently a minor misdemeanor that does not warrant jail time, but if this occurs during a riot, it becomes a fourth-degree felony, which is punishable with six to eighteen months. Actions that would count as disorderly conduct during a riot would be blocking public roads “to interfere with the rights of others.” At the end of the day, all of this drastically increases punishment for involvement in anything deemed a riot. Which is incredibly scary for anyone involved in a protest.
Even worse, this bill would expand Ohio’s “corrupt activity” law. The federal and state governments have previously used Laws like this to prosecute terrorists. This expansion would include people who knowingly helped plan a riot, which would open organizers to lawsuits if an event that they organize becomes violent. In addition, anyone who provides material support or resources to ‘rioters’ would face serious consequences. This support includes lodging, training, and transportation that helps plan, prepare, or carry out an event classified as a riot. And the potential consequences are seizing assets and shutting down groups or organizations. This means paying the bail or legal funds for arrested protestors, promoting a protest where some people break the law, providing legal advice before or after could all lead to organizations or individuals having their assets seized or shut down. And this can be weaponized against organizations.
Another portion of the bill is dedicated to ‘protecting law enforcement.’ One provision allows police officers to sue people who file “false” “complaints” for monetary damages. But, of course, the bill provides no clear definition for false or complaint. A complaint could be anything, from an official complaint to internal affairs, a police oversight board, or a document in a lawsuit. And there is no way of determining the truth of a complaint. So potentially, a real complaint could be filed, not be taken seriously, and the complainant—who has a real cause for complaint—issued by the officer that hurt them. And that is a terrifying outcome. This comes as a response to the use of complaints to harass and intimidate police officers that Republicans claim is a real problem that needs addressing. Police officers would also be able to sue ‘rioters.’ and those who provide ‘rioters’ with “material support.”
This law is incredibly vague in a number of ways, which will likely lead to selective enforcement and people’s fear of repercussions preventing them from speaking up. Perhaps the most glaring example of this is the definition of a riot. According to Ohio law, an event can be classified as a riot if four or more people commit disorderly conduct with the intent to commit another misdemeanor. So although Republicans argue that this bill is meant to punish vandalism and violence, according to the definition on the books, five people standing in the street blocking traffic would technically constitute a riot. And this flexibility in the definition of a riot may lead to protests like Black Lives Matter being declared riots and these higher penalties imposed for those who are involved.
This law is concerning for a number of reasons. Still, it is indicative of a national trend of attacking the freedom of speech rather than addressing the issues people are using their freedom of speech to protest. This bill is not necessary: rioting is already a crime. Rather than make anyone safer, it would allow protesters who the police disagree with to be targeted and organizations who support these protests. This bill is much too vague and would hurt people.
Bills like this, and many others that the Ohio state legislature is working on, reveal just how important it is for us to get out and vote for Democrats in the 2022 Midterms. Republicans hold majorities in the Statehouse and Senate and hold the Governor’s seat. Their strong majorities allow Republicans to pass bills like this and one that allows pretty much anyone to get their hands on a gun with almost no training. And the Republicans do not want to give up their control if the redistricting process is any indication. That is why we must continue to make our voices heard however we can. So get out and vote blue in the upcoming primary. Every single vote counts. If you need a ride to the polls, call us at 888-977-2250 or request a ride.
by Betsy Zalinski
