Proposed Law Would Make Protests Blocking The Highway A Felony

COVENTRY, RI — A Coventry lawmaker is calling for harsher punishments for protests that block the highway, after Interstate 95 North was twice blocked by protestors in as many months. Sen. Leonidas Raptakis said he will reintroduce legislation that, if passed, would make blocking the highway a felony.

"There are ways to demonstrate in a peaceful manner, and there are ways to demonstrate that can be dangerous to other members of the public," Raptakis said.

The bill addresses certain types of disorderly conduct, specifically "unlawful interference with traffic," which would include protests that block a road or highway. Raptakis said that these demonstrations could inadvertently impact emergency services or worsen an emergency situation.

Related: 7 Arrested After Protesters Park Across I-95 In Providence

"Even though it might be unintentional, it is possible that protestors shutting down a highway could delay an ambulance on its way to a hospital, causing grave harm or even death to the individual being transported," Raptakis continued. "What happens to the pregnant woman beginning her delivery, or the heart attack victim or elderly person during an emergency when seconds are vital for survival? Should these people lose their lives or experience severe repercussions due to the blocking of a highway during a protest? It could impede firefighters on their way to an emergency, or first responders heading to a volatile domestic situation. Even the protesters themselves could be put in great danger if they are in need of emergency medical care and transport. There need to be consequences if and when a protestor’s premeditated actions cause harm or death to the general public."

The bill makes "unlawful interference" a felony crime if a person "stands, sits, kneels or otherwise loiters on any highway or roadway under such circumstances that the conduct could reasonably be construed as interfering with the lawful movement of traffic" or if their action causes "the interruption, obstruction, distraction or delay of any motorist operating a motor vehicle."

If found guilty, the person could face one to three years in prison with no chance for a suspended sentence, deferral or probation for the first 60 days for the first violation. A second conviction would up the prison time to three to five years, with the same terms for one year, and a third five to 10 years in prison, with the eligibility requirements raised to two years.

If serious injury or death results from the traffic blockage, the penalty would be 20 years in prison, since the act would be considered "premeditated."

Sen. Thomas Paolino, a Republican representing Lincoln, North Providence and Smithfield, said he plans to cosponsor the bill.

"I have and always will support the right to protest," Paolino said. "This type of activity, however, is dangerous to drivers, protestors, and first responders. I look forward to working with my colleagues to address this issue."

Rep. Patricia Serpa said she plans to introduce companion legislation in the House of Representatives.

"Protestors have rights, but so does the rest of the public," Raptakis said. "This legislation will ensure that individuals who interfere with the safety of others on roadways and highways will face legal consequences. America was built on the right of the people to express their views, publicly and as loudly as they choose, but impeding drivers and potentially putting other people in danger, or even at the risk of death, is not the best way to protest. I ask that all other local, state, and federal officials join me in supporting this legislation which will draw the red line on this dangerous type of protesting that will not and should not be tolerated in our state."