RALEIGH, N.C. - A measure that would impose harsh criminal penalties for protesters charged with rioting is quickly moving through the state legislature. An ACLU of North Carolina analysis of HB 805 outlines what, if it’s enacted, would change from the current law, including increased charges and penalties, as well as some of the due process impacts.
“HB 805 is unnecessary, unreasonably harsh, and will stifle the constitutional right to protest,” said Daniel Bowes, director of policy and advocacy for the ACLU of North Carolina. “Our state’s riot laws are vague and already punish individuals for the destructive acts of others. This bill would increase these harsh criminal penalties and put North Carolinians at risk of facing felony charges and prison sentences for participating in protests. HB 805 would have an extreme chilling effect on free speech by making it risky and unreasonable to engage in legitimate protests that can so easily be labeled a riot by law enforcement.”
HB 805 received a favorable report this morning from the N.C. House Judiciary 4 Committee. The House Rules Committee will next consider the proposal, which would then head to the House floor.
“If this proposal becomes law, it will certainly have a disparate impact on Black and Brown community members who are calling for racial justice,” said Bowes. “Speaker Moore acknowledged that this bill is a direct response to the protests seen since the murder of George Floyd. We’ve seen efforts to try to discredit protests calling for racial justice. Now we’re seeing an insidious attempt to discourage people from participating in the fundamental democratic practice of freely protesting and petitioning their government for a redress of grievances. This bill should be rejected.”
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