OKLAHOMA CITY (CN) — The Oklahoma chapter of the NAACP sued state prosecutors Monday over the state’s new law that shields drivers who injure or kill rioters, claiming it will chill peaceful demonstrations.
The Oklahoma State Conference of the NAACP sued Republican Oklahoma Attorney General John O’Connor and Oklahoma County District Attorney David Prater, a Democrat, in federal court in Oklahoma City in opposition to House Bill 1674, which passed mostly along party lines in the spring. Going into effect on Nov. 1, the law protects drivers who “unintentionally” kill or injure rioters if they have a “reasonable belief that fleeing was necessary” to protect the driver from serious injury or death.
The statute the new law amends lays out the penalties for people who participate in riots and punishes all riot participants for any “murder, maiming, robbery, rape or arson” committed during a riot in "the same manner as a principal in such crime."
HB 1674 strengthens criminal penalties against protesters who obstruct roadways and make them impassable or hazardous. Violations will be deemed misdemeanors punishable by up to one year in state prison with fines of up to $5,000.
Under the new law, organizations deemed “conspirators” with protesters charged under the state’s anti-riot or unlawful assembly laws are fined 10 times what the protesters are fined.
The NAACP chapter deems this provision of the law as an “existential threat” to it and other racial-justice organizations due to the allegedly vague definition of what a conspirator is.
“Through its unconstitutionally vague and overbroad terms, HB 1674 subjects organizations to devastating fines because of their association with third parties who commit unlawful acts by building upon the foundation of Oklahoma’s existing criminal-conspiracy statute, which is itself unconstitutionally vague and overbroad,” the lawsuit states.
The NAACP chapter says it will have to allocate more resources and volunteers to try an ensure its future events will somehow comply with the law’s “vague and overly broad” restrictions.
The lawsuit argues that a person is deemed as participating in a riot if they are “present at any riot” and “refuses to obey” lawful commands to aid in arresting any rioter, meaning they could be charged with rioting even if they “refuses to be involuntarily conscripted” to help police.
“Thus, depending on how many individuals an organization is deemed to have ‘conspired’ with, the organization could be subject to fines totaling millions of dollars for a single event,” the complaint states.
Republican lawmakers proposed HB 1674 after a motorist was surrounded during protests against the police killing of George Floyd last summer.
“The protesters beat at his truck and threw things at it, scaring both him and his family,” the bill’s co-author, state Representative Kevin West, said in March. “The driver was severely chastised for trying to hurt the protesters and he even faced the possibility of criminal charges for his actions in attempting to evade the protesters. This measure would clarify a motorist’s rights in a similar situation going forward.”
Co-author state Representative Kevin McDugle, a Republican, said during debate on the Oklahoma House floor that he was prompted to write the bill after a motorist pulling a horse trailer during the protests had bricks thrown at him, as well as a firebomb that burned his horse.
HB 1674 was signed into law by Republican Governor Kevin Stitt in April.
“House Bill 1674 protects law abiding citizens who find themselves caught in the midst of dangerous and illegal actions at no fault of their own," West said Monday evening. “This law maintains the constitutional right to peaceably assemble while also reinforcing our citizen’s rights to be secure in their life, liberty and property.”
The Oklahoma NAACP seeks to enjoin HB 1674 and alleges it violates its First and Fourteenth Amendment rights. It is represented by Melvin Hall with Riggs Abney in Oklahoma City, Jonathan Backer, Joseph Mead and Annie Owens with the Institute for Constitutional Advocacy and Protection at Georgetown University and Janette Louard, Anthony Ashton and Joseph Schottenfeld with the NAACP in Baltimore.
Attorney General O’Connor’s office said Monday evening it will “vigorously defend” HB 1674.
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