California bill would create new infraction for protesters who block highways

SACRAMENTO, Calif. (CN) — Last November, when a crowd of protesters blocked traffic on the San Francisco Bay Bridge, a typically 30-minute drive across the bay turned into a four-hour crawl.

That slowdown affected three people waiting for organ transplants, and might still be affecting them today, said Assemblymember Kate Sanchez.

Sanchez, a Rancho Santa Margarita Republican, presented Assembly Bill 2742 before the Assembly Transportation Committee on Monday. If enacted, it would create a new infraction for people who obstruct a highway during a protest that affects an emergency vehicle, like a police car, fire engine or ambulance.

The bill passed the Transportation Committee in an 8-to-5 vote, just meeting the threshold needed to advance to the Assembly Appropriations Committee.

According to Sanchez, the people waiting for their new organs — obstructed by protesters opposed to an economic summit and U.S. aid to Israel — faced heightened risks because it took longer to transport them. They also face a greater risk of the organ not working properly.

“The status quo is clearly not working,” Sanchez said. “Even Governor Newsom acknowledges this is a problem.”

Democratic Governor Gavin Newsom said people should be held accountable for their actions.

Joelle McCoy, a legislative advocate for Aaron Read & Associates, said the bill would give law enforcement another tool they could use to stop the illegal and dangerous blocking of highways.

The California Association of Highway Patrolmen typically doesn’t support increased fines, but in this case an enhanced penalty is warranted, McCoy said.

“This is dangerous,” she added. “Something needs to be done.”

Sanchez acknowledged the committee stated in its bill analysis her legislation isn’t needed. The committee stated criminal offenses already exist that address protests which hinder traffic. People can face a misdemeanor for maliciously obstructing another person from moving freely on a street, sidewalk or public place.

Sanchez said that wasn’t enough, as district attorneys aren’t willing to prosecute. According to her research, people charged under existing law entered plea deals for community service or had their charges dropped. She again pointed to the November Bay Bridge protest, saying the charges were dropped and protesters only received a small amount of community service. One protester called it a “victory.”

The new infraction created by Sanchez’s bill would call for a $200 to $500 fine for a first offense. A second offense within a year of the first would result in a $300 to $1,000 fine. Any offense past the second would mean a fine of $500 to $1,000.

Penalties and assessments, which are added at the time of sentencing, would make a $1,000 fine reach around $2,100 to $4,100.  

Assemblymember Greg Wallis, a Rancho Mirage Republican, called the bill “a commonsense proposal.” However, Assemblymember Lori Wilson — a Suisun City Democrat and the committee chair — said that while she understands the frustration created by protests, existing law already provides the tools law enforcement needs.

According to Wilson, the people involved in last week’s pro-Palestinian Golden Gate Bridge protest will face five misdemeanors and a felony. Sanchez’s bill, Wilson said, won’t solve the problem.

Sanchez praised her bill’s passage in a statement Monday afternoon.

“AB 2742’s bipartisan passage out of committee today is a step in the right direction, that hopefully will send a signal that these dangerous highway blockings will no longer be tolerated,” Sanchez said. “We need to provide law enforcement every tool we can to crack down on this irresponsible and reckless behavior. Enough is enough.”

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