#pipelineprotests — Public Fediverse posts

From 2021... This started before #Trump, but things are way worse now!

#AntiProtestLaws Threaten #Indigenous and #Climate Movements

“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.

Kaylana Mueller-Hsia, March 17, 2021

"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.

"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.

"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'

"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.

"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.

"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.

"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.

"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.

"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.

"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.

"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.

"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.

"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."

Source:
https://www.brennancenter.org/our-work/analysis-opinion/anti-protest-laws-threaten-indigenous-and-climate-movements

#BrennanCenter #Authoritarianism #Fascism #NoDAPL #NoKXL #PipelineProtests #WaterIsLife #ACAB #ErikPrince #BigOilAndGas #Oiligarchy #CorporateColonialism #EnvironmentalRacism #WaterIsLife #AirIsLife #ExxonLied #Blackwater #StandWithStandingRock #StandingRockSioux

State by State Pending and recently passed #AntiProtestLaws: #Utah

SB 173: Criminal penalties for protests that disturb legislative or other government meetings

Creates new potential penalties for individuals protesting convenings of the legislature or other meetings of government officials. The law expands "disorderly conduct" to include a person who recklessly causes public inconvenience, annoyance, or alarm by making "unreasonable noises" at an official meeting or in a private place that can be heard at an official meeting. "#DisorderlyConduct" also includes obstructing #PedestrianTraffic at an official meeting or refusing to leave an official meeting when asked by law enforcement. The law also increases the penalty for disorderly conduct, such that it is punishable by a $750 fine on the first offense (an infraction), up to 3 months in jail if a person was warned to cease prohibited conduct (Class C misdemeanor), up to 6 months for a second offense (Class B misdemeanor), and up to 1 year for a third offense (Class A misdemeanor). Accordingly, the law could, for example, be used to penalize silent protesters who refuse to leave a legislative committee meeting. An earlier version of the bill explicitly made it unlawful to commit even a "single, loud outburst, absent other disruptive conduct, that does not exceed five seconds in length."

Full text of bill:
https://le.utah.gov/~2020/bills/static/SB0173.html

Status: enacted

Introduced 24 Feb 2020; Approved by Senate 5 March 2020; Approved by House 12 March 2020; Signed by Governor 30 March 2020

HB 370: New Penalties for Protests Near #Pipelines, #Roadways, and other #Infrastructure

**Note: This bill was amended prior to its passage, and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created new potential criminal liability for protesters in many locations by criminalizing acts that "inhibit" or "impede" critical infrastructure facilities. The bill's original text had a sweeping definition of "critical infrastructure facility" that included highways, bridges, transportation systems, food distribution systems, law enforcement response systems, financial systems, and energy infrastructure including pipelines--whether under construction or operational. The bill created a new felony offense for "inhibiting," or "impeding" the facility, its equipment, or operation, such that protesters who intentionally inhibited or impeded the operation of a roadway or construction of a pipeline could have faced life in prison. Amendments to the bill substantially narrowed the offense, however. The enacted law criminalizes "substantially... inhibiting or impeding" the operation of critical infrastructure only if doing so "causes widespread injury or damage to persons or property." Amendments also narrowed the definition of "critical infrastructure facility," including by removing highways, bridges, transportation systems, food distribution systems, law enforcement response systems, and financial systems from the definition.

Full text here:
https://le.utah.gov/~2023/bills/static/HB0370.html

Status: enacted with improvements

Introduced 3 Feb 2023; Approved by House 14 February 2023; Approved by Senate 28 February 2023; Signed by Governor Cox 14 March 2023

Issue(s): Infrastructure, #TrafficInterference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests

State by State Pending and Recently Passed #AntiProtestLaws: #Louisiana

HB 737: #Vague ban on #ResidentialProtests

Broadly criminalizes participating in a protest within 50 feet of a residence that “threatens to disrupt, or harasses” an individual’s “right to control or use” their residence. The law does not make exceptions for protests that take place in #PublicParks or on #sidewalks—traditional public forums—that may be within 50 feet of residential buildings. Nor does the law require any intent on the part of protesters to target a specific residence or to harass or disturb specific residents. The law also does not require that a protest actually disrupt an individual's right to use their residence, only that it "threaten" to do so. It is also unclear what would constitute "harassing" an individual's right to use their residence, for the purpose of the law.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB737&sbi=y

Status: enacted

Introduced 18 Mar 2024; Approved by House 9 April 2024; Approved by Senate 20 May 2024; Signed by Governor Landry 18 June 2024

HB 383: Civil immunity for drivers who hit protesters

Limits the civil liability of drivers who injure or kill protesters who were unlawfully in the street. The law provides that if a driver hits someone who was illegally “blocking a roadway,” the driver cannot be sued for any injury, death, or damage if he “reasonably believe[d]” that he was in immediate danger of injury and was trying to “retreat or escape.” The sponsor cited a rise in protests across the country as motivation for the bill.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB383&sbi=y

Status: enacted

Introduced 29 Feb 2024; Approved by House 8 April 2024; Approved by Senate 20 May 2024; Signed by Governor Landry 11 June 2024

Issue(s): #DriverImmunity, #TrafficInterference

HB 205: New #racketeering penalties for protesters

Adds nonviolent protest-related offenses to the underlying crimes that can be prosecuted under Louisiana’s racketeering law, which carries steep penalties. Offenses that are now covered by the racketeering law include “simple #obstruction of a #highway of commerce,” “#riot,” “inciting to riot,” "institutional #vandalism," and “aiding and abetting others to enter or remain on premises where forbidden.” As such, individuals in a protest that merely makes movement on a #highway “more difficult” (a minor misdemeanor offense) could be charged with a violation of Louisiana’s racketeering law if they did so more than once and as part of an enterprise with others. Louisiana law defines “riot” broadly, requiring no actual violence or damage but three or more people engaged in a “#PublicDisturbance” that creates a “danger of injury or damage” by an “imminent threat of tumultuous and violent conduct,” so individuals who participate in tumultuous protests could likewise be charged with racketeering. The law also adds “criminal damage to a critical infrastructure” to the racketeering law, such that certain #CivilDisobedience actions near #pipelines and other #infrastructure, including sites under construction, could be covered as well. Racketeering violations are punishable by up to 50 years in #prison with #HardLabor and a one million dollar fine.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?i=245811&sbi=y

Status: enacted

Introduced 26 Feb 2024; Approved by House 2 April 2024; Approved by Senate 14 May 2024; Signed by Governor Landry 10 June 2024

Issue(s): #ProtestSupporters or Funders, Infrastructure, Riot, #Trespass

HB 127: Heightened penalties for #StreetProtesters and organizers

Increases existing penalties for impeding traffic and creates a new offense that could cover individuals who plan or organize protests that would impede traffic. Under prior law in Louisiana, engaging in conduct that makes movement on any road “more difficult” was a misdemeanor, punishable by six months in jail and $200. The law adds an offense of “#conspiracy” or “aiding and abetting” of others to engage in such conduct. As written, the new offense does not require that that the protest or other act actually take place or that it actually impede traffic. The law also increases the fine for both offenses to $750.

Full text of bill:
https://legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB127&sbi=y

Status: enacted

Introduced 22 Feb 2024; Approved by House 15 April 2024; Approved by Senate 16 May 2024; Signed by Governor Landry 10 June 2024

Issue(s): Protest Supporters or Funders, Traffic Interference

HB 727: NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES

Targets protests around gas and oil #pipelines by expanding the definition of "critical infrastructure" and providing for the offense of "unauthorized entry of a critical infrastructure." Under the law, "critical infrastructure" is amended to include "pipelines," "any site where the construction or improvement of [pipelines or any other listed infrastructure facility] is taking place," as well as "all structures, equipment, or other immovable or movable property located within or upon" such facilities. Unauthorized entry onto critical infrastructure property as defined above is punishable by imprisonment with or without hard labor for up to five years and a fine of $1,000. As originally introduced, the law included a new crime of "conspiracy to engage in unauthorized entry" of a critical infrastructure facility, punishable by imprisonment with or without hard labor for up to five years and a fine of $10,000, such that individuals who only planned to hold a peaceful protest on infrastructure property could be prosecuted. The amended and enacted version of the bill removed the provisions on conspiracy, however. In addition, prior to the law's enactment, provisions were added to mandate that the law would not apply to "[l]awful assembly and peaceful and orderly petition, picketing, or demonstration for the redress of grievances or to express ideas or views regarding legitimate matters of public interest."

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB727&sbi=y

Status: enacted

Introduced 26 Mar 2018; Approved by House 12 April 2018; Approved by the Senate 8 May 2018; Signed into law by Governor Edwards 30 May 2018

Issue(s): Infrastructure, #Trespass

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #HeatherHeyer #UniteTheRight #DrivingDownProtestors

State by State Pending and Recently Passed #AntiProtestLaws: #Kentucky

HB 399: New penalties for protesters at the capitol

Creates serious new criminal offenses that can cover #PeacefulProtesters at the #StateCapitol, as well as anyone who “conspires” with or otherwise supports them. The first new offense applies to someone who enters the capitol, or impedes access to the capitol by a legislator or legislative staff, with intent to disrupt or impede legislative business—regardless of whether legislative business was in fact “impeded.” “Conspir[ing]” to engage in such conduct or “facilitat[ing]” another person to engage in the conduct is subject to the same penalties as actually engaging in it. It is a Class B misdemeanor (punishable by up to 3 months in jail) for a first incident, and a Class A misdemeanor (up to one year in jail) for subsequent incident. The law creates a second, more serious offense for someone who engages in “disorderly or disruptive conduct” inside the Capitol with intent to disrupt or impede legislative business, if their conduct in fact “disrupts” or “impedes” the legislature’s business—even momentarily. As written, the offense could cover a demonstrator who shouts a single chant during a legislative hearing. “Conspir[ing]” to engage in such conduct or “facilitat[ing]” another person to engage in the conduct is subject to the same penalties as actually engaging in it. The offense would be a Class A misdemeanor (punishable by up to one year in jail) for the first incident, and a Class D felony (up to 5 years in prison) for third and subsequent incident. Prior to passing the bill, lawmakers added an amendment which provides that the law will not be construed "to prohibit... [a]ssembly in traditional public forums, including but not limited to the Capitol rotunda and outdoor areas of the Capitol grounds." While helpful, the amendment does not immunize all peaceful protest activity that the law could potentially punish, including protest organizing. When he vetoed the bill (later overridden), Governor Beshear noted the risks it poses to lawful First Amendment activity.

Full text of bill:
https://apps.legislature.ky.gov/record/25rs/hb399.html

Status: enacted

Introduced 6 Feb 2025; Approved by House 7 March 2025; Approved by Senate 13 March 2025; Vetoed by Governor Beshear 25 March 2025; Veto overridden 27 March 2025

Issue(s): Protest Supporters or Funders, Police Response

HB 44: New penalties for protests near #pipelines and other infrastructure

Creates new potential criminal and civil penalties for protests around oil or gas pipelines and other infrastructure facilities. Like HB 238, introduced in the 2019 session, HB 44 amends the definition of "key infrastructure assets" under Kentucky law to include "natural gas or petroleum pipelines." Encompassed facilities and properties designated "key infrastructure assets" are not limited to areas that are fenced off or posted by "no entry" signs. Trespass onto "key infrastructure assets" is a Class B misdemeanor for the first offense (up to three months in jail) and a Class A misdemeanor for subsequent offenses (up to one year in jail). As introduced, the bill created a new offense for a person who "intentionally or wantonly... tampers with, impedes, or inhibits operations of a key infrastructure asset." This conduct would comprise "criminal mischief in the first degree"--a Class D felony, which under Kentucky law can be punished by up to five years in prison. A protest that "impeded" access to a pipeline by blocking a road, or one that "inhibited" the operation of a pipeline by blocking pipeline construction, could presumably have fallen under this definition. Prior to the law's enactment, lawmakers removed the language penalizing activity that "impeded" or "inhibited" operations of infrastructure like a pipeline. The enacted version instead penalizes "tamper[ing] with the operations of a key infrastructure asset... in a manner that renders the operations harmful or dangerous." The introduced bill also provided that any "person" (which under Kentucky law could include an organization) may be civilly liable if they "knowingly compensate[] or remunerate[]" another person to commit criminal mischief on a key infrastructure asset. Prior to enactment, this was narrowed to anyone who "knowingly directs or causes a person" to commit the tampering offense.

Full text of bill:
https://apps.legislature.ky.gov/record/20rs/hb44.html

Status: enacted

Introduced 29 Aug 2019; Prefiled as BR 204 on 29 August 2019; Approved by House 10 February 2020; Approved by Senate 5 March 2020; Signed by Governor Beshear on 16 March 2020

Issue(s): Civil Liability, #ProtestSupporters or Funders, #Infrastructure, #Trespass

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests