Oregon Legislation Seeks to Address Road-Blocking Protests

• An Oregon Republican proposes stricter penalties for protesters obstructing roads.
• The initiative follows a protest in Eugene last year that blocked Interstate 5.
• The proposal’s sponsor, a trucking business owner, states the protest endangered public safety.

A traffic blockage on Interstate 5 in Eugene last year has led a Republican lawmaker to introduce a bill allowing district attorneys to charge protesters who impede traffic with rioting.

House Bill 2534, introduced by Rep. Shelly Boshart Davis, R-Albany, aims to update the definition of rioting to encompass the act of obstructing traffic using a motor vehicle or body, thus creating a traffic hazard or hindering the normal flow of traffic on public roads and highways.

According to Oregon law, rioting is classified as a Class C felony, defined as five or more individuals participating in “tumultuous and violent” behavior that recklessly creates a significant risk of public harm. A Class C felony charge can lead to a maximum sentence of five years in prison and/or a fine of up to $125,000.

The I-5 Protest and Legal Consequences

Boshart Davis stated that the bill was prompted by local demonstrators who obstructed I-5 in Eugene on April 15, 2024, joining various protests nationwide aiming to disrupt the economy on Tax Day. The protesters demanded an end to U.S. arms supplies to Israel and cessation of hostilities in Gaza. Several demonstrators were arrested and charged with second-degree disorderly conduct in Lane County, a misdemeanor.

Boshart Davis expressed disapproval regarding the freeway blockage, stating, “You shouldn’t be allowed to hinder commerce, and if it occurs, there should be repercussions.”

HB 2534 clarifies certain actions that would not be deemed “tumultuous and violent,” including funeral processions, allowing oncoming traffic to pass when turning right, and temporarily stopping traffic while exiting the road.

Boshart Davis, who owns a trucking company and founded Heroes on the Highway, a political action committee for Oregon truckers, asserted her belief in non-disruptive protests. She remarked, “Peaceful protesting shouldn’t jeopardize someone’s job or livelihood. If protests lead to blocking traffic and endangering others, that cannot be considered peaceful protest.”

Boshart Davis mentioned that the bill would not mandate prosecutions but would empower district attorneys to charge those obstructing traffic under the riot statute rather than as a second-degree disorderly conduct.

Marianne Dugan, director of civil litigation and general counsel at the Civil Liberties Defense Center, expressed that the bill’s introduction was expected. Her office has represented several defendants facing charges related to the I-5 protest.

“This is clearly a reaction to recent pro-Palestine protests, where nationwide actions on April 15 disrupted several highways deliberately,” Dugan noted.

While some may question the fairness of such protests, Dugan emphasized that the Supreme Court has recognized the disruptive nature of marches as a typical outcome of a society that upholds “the right to free speech and protest.”

Next Steps for HB2534

Dugan further commented on the challenges for prosecutors in demonstrating that protesters intended to disrupt traffic violently and tumultuously.

If the bill is approved, it could face dismissal or be construed too narrowly, reverting it back to the existing legal framework, which still requires evidence of violent and tumultuous behavior with the involvement of five or more individuals intentionally creating significant risks. “These are substantial barriers for prosecutors to navigate because we are safeguarding rights concerning speech and protest,” Dugan noted.

Boshart Davis indicated that the bill is currently undergoing review in the judiciary committee, with plans to request a hearing.

“I understand many lawmakers oppose increasing penalties outright,” Boshart added. “Therefore, I anticipate a challenging path for this bill, but we will advocate for a hearing.”

Haleigh Kochanski is a breaking news and public safety reporter for The Register-Guard. You can contact her at HKochanski@gannett.com.