Beware, crossing-guards

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The Women’s March a few weeks ago may have been the first, for this year anyway, but it certainly will not be the only large, or even small, demonstration heading into the future.

Donald Trump’s stream of executive orders and cabinet, advisors, and department heads seem to be a continual assault on much of what people have worked hard to prevent or bring about, so there will be more.

The potential assaults on the environment, education, civil rights, immigrant rights, and legal rights stand to call people out into the streets, as will the executive order that simply ignored the concerns of those protesting DAPL so Donald Trump, through his investments, and his friends can become even richer at the expense of the environment and people’s religion.

Remember, it’s only a religion if Jesus is involved.

And, granted, in spite of the best intentions of the organizers of the actions yet to be, there will be those in the minority who either lose control, or had not planned to exercise any to begin with.

We have the First Amendment right to peaceful assembly and to redress the wrongs visited upon us.

But there are some who want to limit, if not eliminate the exercising  those rights.

Tennessee is making it legal to injure protesters with a vehicle if they are blocking roadways and other rights of way.

The bill, which states,

A person driving an automobile who is exercising due care and injures another person who is participating in a protest or demonstration and is blocking traffic in a public right-of-way is immune from civil liability for such injury.

easily passed the state senate last week.

Tennessee has something about killing things in roads as they have the law, Tennessee Code (TCA 70-4-115) , the Roadkill Law, that says,

“If the animal is not a non-game or federally protected wildlife species, you may possess it for your personal use and consumption”.

The latest Tennessee bill was in response to a rally last July which shut down the I-40 bridge with hundreds of protesters refusing to leave, and resulted in a child needing medical attention being stuck in traffic on a bridge and the Sheriff’s department having to escort an ambulance up the wrong way on the interstate to get to the child.

Not good.

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Washington State Senator Doug Ericksen has been working on a bill since last November that would create a new crime of “economic terrorism”, activities that block streets, cause property damage, threaten jobs, and put public safety at risk.

This particular bill threatens organizing any event where the possibility exists that some person or group may decide to block a street, unilaterally and even without the knowledge of the organizers, because it allows for not only prosecuting the people who commit the act, but those who organized the protest and those who have funded it who then “may be required to pay restitution up to triple the amount of economic damage.”

At the event this past weekend, the rule was published that we were to stay on the sidewalks either in front of the building or the one across the street, but to not be in the street nor in any position that could cause delays to those entering or leaving the property. The streets were, therefore, not blocked, and there were a number of delivery trucks and personal vehicles that did not experience any right of way blockage.

But the potential for someone’s over exuberance taking over reason resulting in someone misbehaving was there, as was the other possibility that, if the law as proposed existed, a person or group who opposed the mission and message could pose as  part of the group only to actually want to bring discredit, and at some point acts accordingly.

The organized event being infiltrated by purposeful disruption is feared by any rally leader, and I have seen it happen.

I saw that on my picket line in that Los Angle strike in spite of the many meeting leading up to it that informed the teachers of what was acceptable and what was not. The person who threw the rock and caused damage acted alone and had simply lost control acting out in anger at a scab.

The fear of prosecution for someone’s unauthorized and discouraged misbehavior could keep people from organizing in the first place. And a message is stifled.

The Washington bill also doesn’t indicate who would determine when protesters become economic terrorists.

The broadness of the bill appears to be targeting civil disobedience as terrorism.

And, just to fill in a blank, the state senator proposing the bill was the deputy director of Donald Trump’s campaign in Washington state.

Now granted, as I learned before the city-wide strike many years ago in Los Angeles, it is against the law to block roads and access ways to and from them.

We had to keep moving and could not block anyone’s attempting to enter or leave a school campus.

It is something those new to protests need to learn.

But that does not eliminate someone from claiming a protester was blocking a right-of-way, so it was permissible to do harm and then claim justification.

There are two ways to eliminate a public gathering. One is to arrest people during it. The other is to prevent it from even happening by threatening organizers and participants with arrest, and in one state so far, immediate justifiable injury or death as it happens.

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