DeSantis focuses on protesters

Governor eyes tougher penalties for violent demonstrations

Florida’s governor is proposing stiffer penalties for civil rights protesters who disrupt traffic, harass business customers, damage buildings and accost police.

Gov. Ron DeSantis also announced Monday that he wants to withhold state funding from municipalities that “defund the police.” He said he will push the changes in Florida’s next legislative session, which begins in March.

The governor’s ideas drew support from law enforcement and conservative politicians but also accentuated deep divisions among the public in Florida and the nation. Activists, community leaders, civil rights lawyers and legal scholars all responded with skepticism, alarm and disdain, calling DeSantis’ proposals unconstitutional and politically motivated.

Many cited the timing of the announcement — in the heat of a divisive campaign, months before the Legislature

convenes — as proof that it was intended to rally a conservative voter base as President Donald Trump tries to win the critical state of Florida.

DeSantis — flanked by police officers, Senate President-Designate Wilton Simpson and House Speaker-Designate Chris Sprowls — proposed that most crimes committed by protesters be elevated from misdemeanors to felonies.

■ Obstructing traffic during an unpermitted protest would be a felony. The law would remove liability for drivers who strike protestors during a march.

■ It would become a felony to participate in a protest where property is damaged, public monuments toppled or people harassed at “public accommodations” such as restaurants.

■ Anyone who threw an object at law enforcement officers would be subject to a minimum six-month jail term.

■ People arrested during protests would be denied bail before their initial

court hearings. They would have to successfully argue they were no danger to the community before being released.

Those who organized or funded “violent” protests would be treated like members of organized crime syndicates.

DeSantis proposed the legislation in reaction to demonstrations that erupted nationwide after the death of George Floyd at the hands of Minneapolis police officer Derek Chauvin.

“Our right to peacefully assemble is one of our most cherished as Americans, but throughout the country we’ve seen that right being taken advantage of by professional agitators, bent on sowing disorder and causing mayhem in our cities,” DeSantis said. “I will not allow this kind of violence to occur here in Florida.”

DeSantis, Simpson and Sprowls distinguished legitimate protests from riots and violent assemblies, noting that the law would apply only to the latter.

“The legislation announced today will not only combat rioting and looting, but also protect the men and women in law enforcement that wake up every day to keep us safe.” DeSantis said.

The vast majority of Black Lives Matter demonstrations since Floyd’s death — 93% — have been peaceful, according to a data analysis by Princeton University. Florida has avoided much of the violence seen in other states.

But a Sept. 3 poll from Quinnipiac University shows that, given a list of choices, Floridians ranked “law and order” as their second-greatest concern in the run-up to the November election, ahead of the coronavirus but behind the economy.

Opponents vowed to fight the proposed laws nonetheless.

Stephanie Porta, executive director of the progressive group Organize Florida, called DeSantis’ proposal “an election stunt focused on tamping down current protests that are being planned around the Supreme Court, as well as people getting into the streets to demand that every ballot gets counted. … This is out there to absolutely scare people into not using their constitutional rights for freedom of speech.”

“We should be clear when we’re talking about this: this is not law, and it’s not going to be law,” Porta added. “It’s not constitutional, and we’re going to stop it from passing in the Legislature.”

Micah Kubic, executive director of the American Civil Liberties Union of Florida, called DeSantis’ suggestions “undemocratic and hostile to Americans’ shared values.”

“This is yet another instance where, rather than listening to Floridians, Gov. DeSantis has chosen to respond to this moment by proposing an undemocratic and unconstitutional bill that would chill free speech and instill fear into people who have been fighting against injustice,” Kubic said. “We will fight any bill that violates the First Amendment.”

Greg Lauer, a civil rights attorney in Broward County, said: “This is such a joke I won’t even validate it with a comment except to say the majority of this proposed law is unconstitutional. This is just a ploy by the governor to distract us from his dereliction of duty regarding COVID.”

Bob Jarvis, a professor of law at Nova Southeaster University, questioned the idea of removing liability from drivers who strike protestors with cars during marches.

“Obviously no one is in favor of dangerous protests. But this is really giving a license to counter protesters to take the law into their own hands. This is real vigilante justice,” Jarvis said.

Protests over Floyd’s death and other police shootings went on for weeks in cities across Florida and the U.S., and some turned violent with looting, destruction of Confederate monuments and confrontations with authorities.

In Fort Lauderdale, police and protestors clashed during a demonstration May 31, leading to the indictment of one police officer on charges of battery and the hospitalization of one protestor after she was hit in the head with a rubber bullet.

In Miami-Dade County, ongoing protests against police brutality have led to numerous arrests after protesters repeatedly blocked I-95.

Orlando police and Orange County deputies have arrested more than 100 people in connection with the Floyd and other protests calling for police reforms. Many were charged with disorderly conduct, either as a misdemeanor or a violation of local ordinances. Others were charged with battery on a law enforcement officer or resisting arrest.

At least one activist who has participated in dozens of marches insisted that the proposed law would not deter his participation in future protests.

“This is part of a national policy by Trump’s group to continue violating the right we have as citizens to protest and fight against the ongoing injustices in our country,” said Freddy Peralta, an activist from Miami who has participated in the protests against police brutality and has been arrested at demonstrations 11 times in the past three months. “This law attempts to criminalize protests against what is going on. It’s an infringement of our civil liberties.”

Alana Greer, director of the Community Justice Project, a group of racial justice attorneys that work with organizers, cautioned that the proposed laws could be used to stifle any sort of dissent.

“We will have to wait and see what the legislative language says, but this could really be any group of people getting together to speak out on issues they care about. It’s really important to understand the breadth of activity that this could impact,” Greer said.

DeSantis’ proposal also drew praise, however — including support from Jeff Bell, president of the union representing Broward County sheriff ’s deputies.

“We are very much behind the governor in this proposed enhancement,” Bell said. “Today’s political climate is really challenging society, and it truly is a law and order vs anarchy stance, and the vast majority of people want law and order. And in order to quell the current climate that we have, we have to penalize people for trying to overthrow the country, for trying to overthrow local government.”

DeSantis unveiled the plan at a news conference at the Polk County Sheriff’s Office that also featured Polk Sheriff Grady Judd.

“I can tell you folks, so that there’s no misunderstanding today,” Judd said, while holding up two photos. “This is a peaceful protest. This is a riot. We can tell the difference. The governor can tell the difference. Our law enforcement officers can tell the difference.”