Updated: 10:19 PM EDT May 10, 2021
WXII12.com Web Staff
Legislation that would impose harsh criminal penalties for protesters charged with rioting is quickly moving through the state legislature.Monday evening, House lawmakers approved House Bill 805: Prevent Rioting and Civil Disorder. It now heads to the Senate.The measure would significantly increase penalties for inciting a riot that leads to death, engaging in riots, and engaging in riots that lead to the physical injury of a first responder. Individuals whose person or property are damaged in a riot would be able to recover treble damages, court costs, and attorneys' fees.You can read House Bill 805 in its entirety here."Riots and looting devastated many North Carolina downtowns last year at a time when many small businesses were already struggling," said House Speaker Tim Moore. "This legislation will seek to deter future riots and increase penalties on those who engage in this anti-social anarchy.""As a member of law enforcement, I have seen first hand the damage these riots have caused on communities," said Rep. Charlie Miller (R- Brunswick), a primary sponsor of House Bill 805." This bill would allow those to exercise their constitutional right to peacefully protest while cracking down on those who choose violence and destruction."The ACLU of North Carolina opposes the bill, and says it would stifle free speech and discourage protests.“If enacted, HB 805 would dissuade many people from engaging in peaceful and constitutionally protected acts of protest," said Daniel Bowes, NC ACLU policy and advocacy director. " Protesters calling for racial justice, and people who engage in acts of nonviolent civil disobedience, would risk being detained for an extended period of time and punished with years in prison for property damage that they have not caused. “We know that people of color are far more likely to suffer unfair and unnecessary harm when law enforcement is given broad discretion to arrest, charge, and severely punish people. This will surely be the insidious legacy of HB 805 if the N.C. Senate fails to prevent its passage.“A better way to address the waves of protests we’ve seen in recent months would be for lawmakers to listen to calls of North Carolinians calling for reforms to address the harm of systemic racism. Creating harsher penalties for our state’s already vague and problematic riot laws does nothing to address the underlying issues that motivate people to protest or engage in civil disobedience. “We should listen to the anguish behind the calls of protestors seeking to end systemic racism, not risk representing all constitutionally protected speech and protests as dangerous and criminal.