NORTH DAKOTA BILL WOULD PUNISH PROTESTERS THAT BLOCK ROADWAYS

North Dakota Bill Would Punish Protesters that Block Roadways

Proposals to intensify penalties for disruptive protesters face stiff opposition from civil rights advocates

Construction of the Dakota Access Pipeline (DAP) has received extensive international media coverage during the past several months. With high-profile celebrities joining protesters, a near constant presence from news outlets such as CNN and FoxNews, and the recent presidential election, the protest is as intense as ever. The Dakota Access Pipeline stretches across several states and begins here in our own backyard of Northwest North Dakota. Since the pipeline’s inception, the nearby Standing Rock Indian Reservation and the Standing Rock Sioux tribe have voiced concerns over potential negative environmental impacts. If an oil spill or other disaster were to ever occur, the tribe’s water supply and lands may be irreparably compromised.

In response to these environmental concerns, thousands of protesters have signed petitions and staged peaceful demonstrations. However, rising tensions between protesters and DAP authorities have led to significant confrontations and law enforcement concerns. Allegations of trespassing and unlawful activities have led to violent clashes involving bodily injury and property damage for both sides. Recently, protesters have taken to marching or standing in roadways effectively preventing traffic from moving in either direction.

As a result of these escalating conflicts, a lawmaker in North Dakota has proposed a bill addressing protesters that block roadways. This bill would prevent drivers from liability if they unintentionally strike a protester that is obstructing the road. Under this bill, a motorist would be able to hit and kill anyone blocking the roadway as long as the act wasn’t intentional. Similar bills aimed at deterring protesters have been introduced in states all across the country including Virginia, Michigan, Washington, Minnesota, South Dakota and Oklahoma.

Opponents of these bills argue that they essentially attack basic civil rights and infringe on a protester’s First Amendment rights. Many opponents draw a parallel to protests conducted during the Civil Rights Movement of the 1960s. Protesters during that era were frequently attacked and punished for simply exercising their rights.

It is still uncertain as to whether these types of bills, and the North Dakota bill in particular, will pass through all necessary steps and become law. If this bill does pass, there are likely to be several significant and lengthy legal battles challenging the constitutionality of punishing protesters in this manner.

If you have questions about your rights, our experienced and knowledgeable attorneys at Larson Law are here to provide the legal resources and advice you need. To schedule a free, initial consultation contact us online or by telephone at 701-484-4878.