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FLORIDA RECORD

Monday, May 13, 2024

Attorneys criticize anti-riot law: Law 'fails to protect peaceful protestors from felony prosecution'

Legislation
Desantis

Florida Gov. Ron DeSantis is facing backlash for signing a bill that imposes stricter punishments on violent protest participants. 

A lawsuit brought by the Legacy Entertainment and Arts Foundation, a nonprofit group that advocates for entertainment, art and sports industries, was filed in federal court April 21 against the governor and other state officials.

Shannon Ligon, an attorney and founder of the Lawyers Matter Task Force on behalf of Legacy Entertainment, told the Florida Record that the anti-riot law does not offer any protection to peaceful protestors. 

"The new House Bill 1 law negatively impacts even those who gather to demonstrate, including the Lawyers Matter Task Force, because it fails to protect peaceful protestors from felony prosecution if an outside agitator would commit an act of violence during a demonstration regardless of their affiliation with organizers who follow the law," Ligon said. 

The bill does, however, offer sovereign immunity to people who injure protestors that are blocking highways, such as driving through a gathering of protestors. 

Additionally, people arrested for rioting will not be able to bail out of jail until after their first court appearance. The bill also ups the offense severity for various protest practices.

"This law was passed for private interests, as Florida has not had any violent protests within the last two years and already has laws on the books for rioters and crimes against businesses for burglaries, robberies and vandalism," Ligon said. "It is clear the governor is not hearing Floridians and our nationwide cries for safer policing and policies."

Opponents say it violates constitutionally protected rights under the First, Eighth and 14th Amendments, including freedom of speech, protection against cruel and unusual punishment and protection of due process. 

According to NBC Miami, DeSantis intends on "firmly defending" the new law in court, stating through a spokesperson that the law "protects businesses, supports law enforcement and ensures punishment for those who cause violence."

Aaron Carter Bates, for the plaintiff, said that the wording of the "anti-riot" bill is too vague, leaving the definition of a riot and what incites it or what constitutes violence during a riot open to interpretation. 

"Protestors are now liable for the actions of a single person that may serve no other purpose but to disrupt a peaceful demonstration, and as a result be subject to felony prosecution without the opportunity for bail," Bates told the Florida Record. "While the name of this bill may lead Floridians to believe only violent protestors will be affected, the reality is that the poor wording and legislation leaves those who demonstrate or train demonstrators to be legal observers, open to possible civil or criminal charges."

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