Background
Months ago, activists and over 35 local organizations united in opposition to the proposed bicameral bill that would criminalize various forms of protest under the guise of cracking down on so-called “riots.” After much public outcry against this dangerous piece of legislation, further development was tabled for later, giving the bill’s opponents a breath of short-lived relief.
Just last week, the Riot Bill passed both under Assembly and State Senate vote, and is now headed to the desk of Tony Evers for either approval or veto. This bill and the critical threat it poses to freedom of speech and assembly cannot be allowed to move forward. We need to pull together and ensure Governor Evers vetoes this bill.
What is the Riot Bill?
The Riot Bill is the collective name for WI Assembly Bill 279 and Senate Bill 296, which legally reconstruct the definition of a riot in order to further criminalize the ability to protest in Wisconsin. The vague language, ambiguous interpretation, and intentionally wide scope of the bill makes it possible for demonstrators who would by no other means be considered violent to be arrested and prosecuted, on both misdemeanor and felony charges.
Currently, Wisconsin law broadly defines an "unlawful assembly" as a group of three or more people who cause a "disturbance of public order" and make it "reasonable to believe" the group will damage property or people; the definition specifically includes a group of three or more who assemble to block a street or building entrance. Under the new bill, an "unlawful assembly" becomes a "riot" when at least one person...
- commits an "act of violence" that creates a "clear and present danger" of property damage or injury, or
- threatens to commits such an act and has the ability to do so; or
- commits an "act of violence" that "substantially obstructs" some governmental function.
As such, a large street protest where a single participant threatens to push somebody could be deemed a "riot," with no actual violence or property damage being committed by anyone.
Under the bill, anyone who attends a "riot" or refuses an order to disperse a "riot" commits a Class A misdemeanor, punishable by a mandatory 30 days and up to 9 months in jail and a $10,000 fine.
If the "riot" results in "substantial" property damage or injury, anyone who attends commits a Class I felony, publishable by up to 3 and a half years in prison.
The bill also creates a new Class A misdemeanor for any person who "incites or urges" three or more people to engage in a "riot;" the bill does not define "incite" or "urge.”
Finally, if a person "obstructs" "any public or private thoroughfare," or any entrance to a public building while participating in a "riot," it is an additional Class A misdemeanor.
I don’t intend to attend a riot or protest violently. Why should I care?
The way that the Riot Bill is written explicitly makes it possible for anyone deemed by authorities to be “participating” in a riot to be culpable of violence or threatening violence, whether they have done so or not. Here are some possible situations wherein the authorities would have discretion to designate someone as “participating in” or “refusing to disperse” a riot.
- Protestor A is standing with a sign in a larger group of protestors assembled on a street corner. On the other end of the group, Protestor B begins arguing verbally with a passerby and threatens to kick them. Protestor A could now be found guilty of participating in a riot.
- Resident C is waiting for the bus near a group of protestors. Resident C converses with the protestors and sympathizes with them, walking over to stand by them while they wait. Two protestors become rowdy and start pulling flowers from a planter owned by a local shop. A police officer tells Resident C to disperse the assembly and Resident C replies that they don’t have the authority to do so. Resident C could now be found guilty of refusing to disperse a riot.
How do I prevent this legislation from passing?
Contact Governor Evers and urge him to veto this bill. You can write to him using this link or call him at (608) 266-1212. Get as many people as you can to perform these actions to raise the pressure to defeat this bill!
Written by Grace Johnson, Sierra Club Project Aide