Iowa bill: 5 years in prison for highway protesters

People who intentionally block traffic on Iowa highways could be charged with a felony punishable by up to five years in prison under an Iowa Senate bill co-sponsored by nine Republican lawmakers.

Senate File 111 has been introduced in response to an incident in November when more than 100 protesters blocked Interstate Highway 80 in Iowa City, said Sen. Jake Chapman, R-Adel, the bill's lead sponsor. The activists shut down eastbound traffic for about 30 minutes, protesting the election of Donald Trump as president, before they were either removed by law enforcement officers or left on their own.

Chapman, who is chief operating officer of Midwest Ambulance Service, said he is concerned about what he called a growing trend across the country where protesters block interstate highways, hindering commerce and unnecessarily putting lives in danger.

“We are concerned about the protesters. We are concerned about emergency medical services being able to get to calls. We are concerned about coming around a curve on the interstate and all of a sudden you have blocked traffic and someone slams on the brakes and a semi comes up from behind and hits them," Chapman said.

"Look, we have the right to protest. No one disputes that," Chapman continued. "We encourage that. But there is an appropriate time and an appropriate place to do so. Interstates are not one of those places. That is what this bill does. It aims to stop that.”

Sgt. Nathan Ludwig, a spokesman for the Iowa State Patrol, said state public safety officials have a huge concern, not about protesters but where the protesting takes place.

"Dangerous events can unfold quickly when trying to stop traffic on a highway or interstate," he said. As of late Monday, the Department of Public Safety had not registered a position on the bill.

The Senate bill would apply to people blocking the travel portion of Iowa highways with speeds posted at 55 mph or higher. Violators could be charged with a Class D felony, which includes a sentence of prison time and a fine of at least $750 and up to $7,500.

Sen. Joe Bolkcom, D-Iowa City, said Iowa already has strong laws in place to address people blocking the state and interstate highway system. He suggested the enhanced punishment is a reaction to anti-Trump protesters. "So I hope this bill doesn't go forward. The last thing we need is more penalties on the books," he added.

Under current law, a person is prohibited from placing an obstruction on an Iowa road. Violators are subject to an injunction and can be charged with creating a public nuisance, punishable by up to two years in prison and a fine of at least $625, but not to exceed $6,250.

Rita Bettis legal director for the American Civil Liberties Union of Iowa, said Monday the organization is still evaluating the bill.

"We all know that this legislation was drafted to respond to protesters in Iowa City following the 2016 General Election, and specifically, out of an expressed disagreement with their viewpoints as well as methods," Bettis said. "What we can say is that even if the law as written is determined to be facially neutral; whether it would be neutral as applied or target First Amendment protected activity is a separate question that could ultimately prohibit its use by law enforcement against protesters or demonstrators, even if it advances into law."

Rep. Bobby Kaufmann, R-Wilton, plans to introduce his own version of the legislation in the House. Originally, he said he wanted to institute penalties for protesters, but has decided to refocus his efforts on those who organize protests intended to shut down highways.

“I want to target those that organize the shutdowns to hopefully diffuse them from happening in the future,” he said. “I don’t want an 18-year-old kid to have a felony on their record. I think that most people wouldn’t participate in these things if there wasn’t someone at the head of it organizing it.”

He said when there is proof documenting that protesters planned in advance to shut down highways, the penalty should be increased.

Kaufmann said he isn’t trying to limit protests but wants to ensure safety. He pointed to the women’s march in Des Moines that took place at the Capitol Saturday as a model for peaceful protests.

“They are the embodiment of democracy,” he said of the thousands of protesters. “They made a statement – a national statement. And I think that’s exactly how democracy is supposed to work. And they didn’t march out on (Interstate) 235 to do it.”

Kaufmann said his version of the bill is still in the draft stage, and he plans to work with the Senate to find a solution to the issue.

Similar crackdowns on protesters have been proposed in Minnesota, where Republicans have also taken control of the Minnesota Legislature. According to news reports Minnesota Republican-backed bills would make it easier for prosecutors to charge for blocking highways with a gross misdemeanor and up to a year in jail, while also allowing local police departments to sue convicted protesters for the costs associated with demonstrations.