State by State Pending and Recently Passed #AntiProtestLaws: #Arkansas

HB 1508: New penalties for# protesters who block #traffic, "#riot", or damage #monuments

As enacted, the law increases the penalty for obstructing a "public passage", from a Class C to a Class A misdemeanor. As such, an individual in a protest that makes a sidewalk "impassable to pedestrian... traffic" could face up to one year in jail. The law also creates a new mandatory minimum sentence of 30 days in jail for "rioting", and requires restitution for any injury or damage as a result of the offense. Rioting is defined in Arkansas to include engaging with two or more persons in "tumultuous" conduct that creates a "substantial risk" of "public alarm." The law requires that a person convicted of inciting a riot likewise pay restitution for any injury or damage as a result of the offense. The law provides that the state Attorney General may initiate an investigation into cases of riot, inciting riot, and obstructing a highway or other public passage. Finally, the law amends the definition of "act of terrorism" under Arkansas law, to include any act that causes "substantial damage" to a public "monument." It is not clear whether graffiti or other painting applied to a monument as part of a protest could comprise a terrorist act under the new law.
Full text of bill: https://www.arkleg.state.ar.us/Bills/Detail?id=HB1508&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 22 Feb 2021; Approved by House 19 April 2021; Approved by Senate 22 April 2021; Signed by Governor Hutchinson 29 April 2021

Issue(s): Riot, Terrorism, #TrafficInterference

HB 1321: New penalties for protests near gas and oil pipelines

Introduces harsh new penalties for protestors around gas and oil pipelines and other "critical infrastructure." The law broadly defines "critical infrastructure" to include a range of posted or fenced-off areas associated with natural gas and crude oil production, storage, and distribution, including above and below ground pipelines as well as #pipeline construction sites and equipment. Under the law, purposely entering or remaining on any "#CriticalInfrastructure" is a Class D felony, punishable by up to 6 years in prison and a $10,000 fine. Separately, the law provides that trespassing on property outside of a city or town, regardless of whether it is posted, is a Class D felony if the property is "critical infrastructure." In nearly all other cases, trespass is a misdemeanor or minor violation. The law also creates a felony offense for anyone who purposely and unlawfully "causes damage" to critical infrastructure. Any amount of "damage," which the law does not define is a Class B felony under the law, punishable by 20 years in prison and a $15,000 fine. Under the law, protesters who hold a peaceful sit-in at a pipeline construction site and paint protest slogans on construction material, for instance, could face lengthy prison sentences.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=hb1321&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 27 Jan 2021; Approved by House 9 March 2021; Approved by Senate 1 April 2021; Signed by Governor Hutchinson 14 April 2021

Issue(s): Infrastructure, Trespass

HB 1578: Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First Responders

Creates a civil cause of action for a person who is injured or has property damaged as a "direct or indirect" result of a "riot" against a person who commits "riot" or a person or entity who incites a riot. Arkansas law defines both "riot" and "incitement" broadly, creating potential liability for protesters or organizations who are interpreted to have urged others to have engaged in tumultuous or violent conduct.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=HB1578&ddBienniumSession=2017%2F2017R

Status: enacted

Introduced 17 Feb 2017; Passed by House 2 March 2017; Passed by Senate 27 March 2017; Signed by Governor 6 April 2017.

Issue(s): Civil Liability, Protest Supporters or Funders, Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #CriminalizingDissent #AntiProtestLaws #CivilWarMonuments #Racism

State by State Pending and recently passed #AntiProtestLaws: #Alabama

#HB412: Felony penalties for #protesters near gas and oil #pipelines

Would substantially increase existing penalties that could cover protesters who demonstrate on pipeline property. Under the bill, unauthorized entry onto “critical infrastructure,” which includes pipelines, would be a Class D felony punishable by at least one and up to five years in prison, rather than a serious misdemeanor. As such, demonstrators who enter onto pipeline property could face felony arrest and significant prison time. The trespass offense covers entry onto areas of “#CriticalInfrastructure” that are not posted against trespassing or enclosed by a physical barrier, if any authorized person forbids entry.

See full text of bill here:
https://legiscan.com/AL/bill/HB412/2025

Status: pending
Introduced 6 Mar 2025.
Issue(s): Infrastructure, Trespass

SB 247: New penalties for #StreetProtesters

Would create a new criminal offense that could cover protesters who demonstrate in the street or obstruct access to businesses and residences. The bill, which focuses on targeted residential picketing, also broadly prohibits protesters from “block[ing] any public road, the ingress or egress of any residence, or the ingress or egress of any place of employment while #picketing or protesting.” The prohibition would seemingly cover a large street protest, regardless of whether it actually interfered with traffic, as well as a large protest in an urban area that even temporarily blocked the entrance to a shop or apartment building. A first offense would be a Class C misdemeanor (up to three months in jail), and subsequent offenses would be a Class B misdemeanor (up to six months in jail).

Full text of bill here: https://legiscan.com/AL/bill/SB247/2025

Status: pending
Introduced 18 Mar 2025.
Issue(s): Traffic Interference

SB 152: New controls on protest locations and costs for protest organizers

Allows municipalities in Lauderdale County to control where protesters may gather, and charge them expansive fees for a permit. Under the law, municipalities may prohibit spontaneous protests in public forums by requiring protesters to obtain permits in certain circumstances, including if the demonstration "will involve more than a certain number of individuals participating, as established by the municipality." The law also allows municipalities to charge protester organizers a permit fee that includes "the actual cost of cleanup," "the actual cost of the use of #LawEnforcementOfficers," and "any other actual administrative cost incurred by the municipality."

Full text of bill here: https://alisondb.legislature.state.al.us/Alison/SESSBillStatusResult.ASPX?BILL=SB152&WIN_TYPE=BillResult

Status: enacted
Introduced 21 Feb 2021; Approved by Senate 16 March 2021; Approved by House 13 April 2021; Signed by Governor Ivey 27 April 2021

Issue(s): Security Costs

SB 17 / HB 21: New Penalties for Protests Near Gas and Oil Pipelines

Expands the definition of "critical infrastructure" under Alabama law to include pipelines and mining operations, such that protesters who enter onto pipeline property could face steep penalties. Preexisting Alabama law prohibited individuals from unauthorized entry onto critical infrastructure, defined as intentionally entering a posted area of critical infrastructure; the offense is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $6,000. Under this law, if a person interrupts or interferes with the operations of critical infrastructure while trespassing, they would additionally be guilty of a Class C felony, punishable by at least one and up to ten years in prison. This law also expanded the definition of "person" to include nonprofits, creating the possibility that nonprofits who provide support or organizing for #environmental protests near critical infrastructure where individuals then #trespass could face organizational liability. The draft law was pre-filed for the 2022 legislative session in September 2021. It is nearly identical to HB 516 introduced in 2021.

Full text of bill here: https://legiscan.com/AL/bill/SB17/2022

Status: enacted

Introduced 11 Jan 2022; Approved by Senate 1 February 2022; Approved by House 10 February 2022; Signed by Governor Ivey 15 February 2022

Issue(s): Protest Supporters or Funders, Infrastructure, Trespass