NASHVILLE, Tenn. (WTVF) — Stronger penalties and potentially more prosecutions for protesters are highlighted in two bills drafted by State Rep. William Lamberth.
Protesters began the day with a honk-a-thon as a way to get the attention of legislators during their session. They say if these bills go into effect, they will force protesters to remove everything from the steps to Legislative Plaza.
The tarps, the chairs, the food, they will all fall under the “camping” policy according to the bill, which says these things can be confiscated. You’ll also face arrest if you don’t remove these things after being warned.
Charges like assault of an officer have also been broadened to include any and all contact that may appear offensive or interferes with the officer’s job.
State Rep. Lamberth however says these bills will help keep law enforcement safe but also protect state property from being damaged. According to the bill, something like sidewalk chalk may also fall under vandalism, carrying a penalty of a minimum of 30 days in jail, all the way to felony charges with a minimum of 45 days. You’re also responsible for paying for any damages.
We reached out to State Rep. Lamberth for comment on these bills and we’re waiting on a response. Protesters like Angel Stansberry meanwhile say these bills directly target their efforts, having spent 59 days at Legislative Plaza demanding a meeting with Gov. Bill Lee.
“It just shows you how polarized they are in there and it just shows you how Bill Lee will basically only talk to people who are all about his agenda and anyone who would question his agenda is out,” Stansberry said.
One of the more controversial components of these bills is how it offers more flexibility for the Attorney General’s office to pursue charges, even if the local District Attorney’s office won’t.
The AG’s office can run an investigation of their own if the victim is a state employee working at the time and or if the crime involves state property being damaged. The local DA’s office would then have to cooperate with the state, giving up all powers to prosecute.
Officials with the state’s attorney’s office sent us this statement:
“That bill reflects a widely held sentiment that laws be enforced, particularly if state property has been damaged or state officials have been injured while trying to enforce the laws. We certainly agree with that sentiment.
But we don’t typically comment on a bill when it is initially introduced. If the General Assembly wants us to take on additional responsibilities, there will be a number of steps to consider. If requested, we will obviously engage in those discussions.”
Niti Sharan is serving as the legal observer for the TN People’s Plaza groups and says a move like this will interfere with due process.
“All of the arrest warrants we’ve ever had executed in this particular protest have always come from the state AG. So it’s always the state attorney that’s done the warrants. So I think that’s what they’re trying to do, they’re trying to get rid of the power for the local government,” Sharan said.
Early July, Tennessee State Troopers were acting on warrants written against protesters who had appeared in previous protests.
If the trooper could not make an arrest at the moment, they could appear before a judge days later and sign a sworn statement accusing a protester of a crime.
THP sent us a list of 16 people they say had warrants for crimes ranging from disorderly conduct to vandalism and “camping.”
Sharan says by giving the AG, a position appointed by Gov. Lee, more powers to make these arrests, we will see far more arrests.
Sharan says one misconception often held about what happens at Legislative Plaza protests is that it will only affect the protesters here at the moment.
“No matter how you want to sugarcoat it, no matter how you want to say it. This is all a direct attack on the first amendment rights. A lot of people can’t think far enough. They think that the protests that are here are going to be the ones to feel the wrath and the evisceration of the First Amendment. No, it’s not,” Sharan said.
If these bills are passed, they will go into effect on October 1, 2020. For a closer look at each bill, click on the links below:
