Concern about traffic safety during highway protests has spurred legislation to address the issue in multiple states.
South Dakota and Tennessee were the first states to address concerns about people blocking busy roadways.
In 2017, South Dakota law set the punishment for standing on a highway to block traffic at one year in jail and/or $2,000 fines. Tennessee lawmakers acted the same year to adopt a rule that quadrupled the possible fine for obstructing a roadway from $50 to $200.
States that include Florida and Texas have since enacted similar rules.
West Virginia
West Virginia House lawmakers voted unanimously to advance a bill that covers “unlawful traffic interference.”
The bill, HB2892, states that “no person may impede vehicular traffic with their body and/or by placing any object in such a manner so as to impede vehicular traffic.”
Violators found guilty would face $100 fines. Repeat offenses within one year could result in up to a $200 fine. Subsequent offenses could result in up to $500 fines.
The bill has moved to the Senate Judiciary Committee.
Oregon
An Oregon bill is intended to deter highway protests.
Rep. Shelly Boshart Davis, R-Albany, said she introduced the bill in response to an April 2024 protest in Eugene. The protest blocked traffic on Interstate 5.
HB2534 would permit district attorneys to prosecute protesters who impede traffic as rioters.
The statute includes “tumultuous and violent conduct” in the definition of rioting.
The bill would go a step further in defining tumultuous and violent conduct as use of a vehicle or a person’s body to impede traffic, create a traffic hazard or block the normal and reasonable flow of traffic. Certain exceptions would apply.
Violators would face felony charges that carry up to five years in prison and a maximum $125,000 fine.
HB2534 is in the House Judiciary Committee.
Alabama
An Alabama bill covers instances when a protest on a roadway results in injury due to a motorist.
Iowa, Louisiana, and Oklahoma already provide civil immunity in certain instances for drivers of vehicles who injure someone who is blocking traffic.
The Alabama bill, HB411, would establish an affirmative defense against a civil action for injury or death that resulted while impeding, hindering or otherwise obstructing traffic on a street, highway, bridge or road.
The rule would remain until any related criminal proceeding determines the driver was at fault.
The bill awaits possible consideration in the House Public Safety and Homeland Security Committee.
Tennessee
In neighboring Tennessee, a House bill would increase punishment for blocking a roadway. The rule permits a person who suffers loss or injury resulting from a road blockage to bring charges to recover compensatory damages.
Statute authorizes Class A misdemeanor charges for intentionally, knowingly or recklessly obstructing a highway or street. Offenders face up to one year behind bars and/or a fine of up to $2,500.
HB729 would increase the penalty for intentionally obstructing a highway or street from a Class A misdemeanor to a Class D felony. Offenders would face between two years and 12 years in prison, as well as a fine up to $5,000.
Obstructing an emergency vehicle from accessing a roadway or exit would be a Class E felony. Offenders would face between one year and six years behind bars. A maximum fine of $3,000 is included.
The state’s General Assembly Fiscal Review Committee reports there have been an average of 16 Class A misdemeanor convictions for obstructing a highway or other passageway in each of the past five years.
The House Judiciary Committee could take up the bill for consideration as early as this week.
New Jersey
One New Jersey bill is also intended to discourage highway protests via increased penalties.
S3103 would create separate crimes for individuals who “recklessly and purposefully shut down highways” in the state. Penalties for such crimes would also be increased.
Sen. Doug Steinhardt, R-Warren, said that when protestors unlawfully gather to shut down roadways, it creates a dangerous situation for everyone in the area.
“Blocking roadways can have a significant impact on commerce by delaying the transport of goods as well as preventing emergency personnel from tending to people who need medical attention,” Steinhardt previously stated.
Punishment for blocking traffic would be boosted from a petty disorderly offense punishable by up to 30 days in jail and/or a fine up to $500 to a disorderly person offense punishable by up to six months imprisonment and/or a fine up to $10,000.
S3103 is in the Senate Law and Public Safety Committee. LL
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