Concern about traffic safety during highway protests led one Michigan state lawmaker to introduce a bill that is intended to deter the activity. The bill recently advanced from a House committee.
Other states have rules to address issue
South Dakota and Tennessee were the first states to address concerns about people blocking busy roadways.
In 2017, South Dakota law set 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.
Other states, including Florida and Texas, have since enacted similar rules.
Iowa, Louisiana and Oklahoma provide civil immunity in certain instances for drivers of vehicles who injure someone who was blocking traffic.
Land Line has covered legislation on the issue this year in at least a half dozen states.
Michigan highway protest bill
In Michigan, the House Judiciary Committee met recently to discuss legislation to make it a crime to obstruct a roadway.
State law prohibits unauthorized individuals from blocking, obstructing, impeding or otherwise interfering with the normal flow of traffic on a public street or highway. Protesters are prohibited from using a barricade, object, device or their body to block roadways.
Violators face a civil fine of up to $100.
Rep. Alicia St. Germaine, R-Harrison Township, said the punishment is not enough of a deterrent.
Her highway protest bill, HB4664, would make blocking a roadway a misdemeanor. Anyone who is part of an assembly of people found guilty of the crime would face up to 93 days behind bars and/or a fine up to $5,000.
“We all have the right to free speech and to assemble, to express our opinions,” St. Germaine told the committee. “Where that ends is when you block people or hold them hostage, because that’s exactly what’s going on in some of these scenarios.”
St. Germaine highlighted occurrences on Interstate 94 in Michigan where hundreds of people have blocked the roadway.
“It’s about law and order and keeping everyone safe. Not just the drivers, but the people in the road sitting, blocking traffic,” she said. “We are all about free speech and assembly, but at a certain point, we need to protect everyone.”
Committee testimony
Oakland County Sheriff Mike Bouchard told the committee the current punishment available to the state does not deter against highway protests.
“We’ve seen individuals and groups shut down highways with little or no consequences, and it creates a significant risk to public safety,” Bouchard testified. “Having people in the roadway is dangerous. Plain and simple.”
The American Civil Liberties Union said the bill goes too far and pointed out that law enforcement has laws to address safety concerns.
The committee voted last week to advance HB4664 to the full House. If approved there, the bill would move to the Senate. LL
More Land Line coverage of Michigan news is available.
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