Multiple states have acted in recent years to adopt rules that are intended to deter highway protests. Legislators in multiple states continue to pursue rules to address the illegal activity.
South Dakota and Tennessee were the first to act to address concerns about people blocking busy roadways. A South Dakota law set punishment for standing on a highway to block traffic at one year in jail and/or $2,000 in fines. A Tennessee rule quadrupled the state’s possible fine for obstructing a roadway from $50 to $200. Soon thereafter, Texas followed suit with enactment of a rule similar to Tennessee’s.
In 2024, Louisiana adopted a rule to triple the possible fine for blocking passage on a roadway from $250 to $750. The law includes punishment for organizers of protests that block or slow down a transportation mode.
Additionally, a Florida law states that protesters who “willfully obstruct the free, convenient and normal use of a public street, highway or road” would face prison time.
Action in Iowa, Louisiana and Oklahoma provides civil immunity in certain instances for drivers of vehicles who injure someone blocking traffic.
Advocates have said that efforts to keep protesters off busy roadways is a commonsense way to help ensure public safety. Critics, including the American Civil Liberties Union, view efforts to punish protesters as violations of the First Amendment.
Minnesota
Multiple Minnesota bills address deterrents to highway protests.
The first bill, SF728, would make it a gross misdemeanor to interfere with, obstruct or otherwise disrupt traffic that is entering, exiting or on a freeway. The distinction would increase the punishment for such actions from up to 90 days in jail and/or a maximum $1,000 fine to up to a one-year imprisonment and/or a maximum $3,000 fine.
SF1501 is a nearly identical bill.
One more bill would provide liability protections for drivers who unintentionally cause injury or death while attempting to “retreat or escape” an area blocked by a pedestrian.
SF702 states that a person who obstructs a roadway in violation of statute would have no legal recourse against a driver who is attempting to get away from the scene as long as the driver “reasonably believes” that the operator or a passenger in the vehicle is in immediate danger of “imminent death, bodily injury or serious bodily harm.”
New Jersey
A New Jersey Senate bill would discourage highway protests via tougher penalties.
Sponsored by Sen. Doug Steinhardt, R-Warren, 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.
“When protestors unlawfully gather to shut down highways and other roadways, it creates a dangerous situation for everyone in the surrounding area,” Steinhardt stated. “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.”
The bill would boost the punishment for blocking traffic from a petty disorderly offense punishable by up to 30 days in jail and/or a fine of up to $500 to a disorderly person offense punishable by up to six months imprisonment and/or a fine of up to $10,000.
Tennessee
In Tennessee, the Senate Judiciary Committee met Tuesday, Feb. 18 to discuss a bill that would increase punishment for blocking a roadway.
A year ago, state lawmakers adopted a rule to permit a person who suffers loss or injury resulting from a road blockage to bring charges to recover compensatory damages.
At that time, Sen. Brent Taylor, R-Memphis, highlighted a protest that blocked traffic on the Hernando DeSoto Bridge crossing the Mississippi River on Interstate 40 in Memphis. He said thousands of drivers were stranded in traffic for hours while “misguided individuals attempted to make a political statement.”
Volunteer State law 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.
Taylor is behind legislation, SB672, that would increase the penalty for intentionally obstructing a highway or street from a Class A misdemeanor to a Class D felony.
A Class D felony carries a punishment of between two years and 12 years behind bars, as well as a maximum fine of $5,000.
The General Assembly Fiscal Review Committee reported 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 Senate Judiciary Committee did not vote on the bill. The House version, HB729, is in the House Judiciary Committee.
Washington
A Washington state lawmaker is back again with a bill that is intended to bring a permanent end to highway protests “that endanger lives, cripple commutes and undermine law and order.”
Rep. Andrew Barkis, R-Olympia, initially brought the issue to the statehouse after a protest that shut down Interstate 5 in Seattle for five hours.
His renewed pursuit would inflict tougher penalties for people taking part in or organizing such activities.
Specifically, HB1323 would create a gross misdemeanor offense, punishable by fines and/or jail time, for individuals who, acting with three or more people, intentionally block traffic on a state highway without lawful authority.
Individuals who organize or lead such activities would face felony charges. Violators would be subject to a minimum $5,000 fine and at least 30 days in jail.
Barkis said the bill’s aim is to reclaim roads and “send a clear message to those who wantonly break the law and endanger others.” He added that it is important to “enforce the law and hold people accountable for making their fellow citizens suffer.”
The bill awaits consideration in the House Community Safety Committee. LL
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