Social activist groups call on lawmakers to vote against racist anti-protest bills as similar bills pop around the country

The Alabama House of Representatives could take up an anti-protest bill this week and local social activist groups are calling the bill racist in nature and asking lawmakers to vote against the bill.

The bill was on the special order calendar for the House of Representatives on Wednesday, February 16, but is expected to be taken up Tuesday in the House.

The bill, known as HB 2, is sponsored by Rep. Allen Treadaway, R-Morris, former assistant police chief of the Birmingham Police Department. An identical Senate bill (SB 115) is sponsored by Sen. Shay Shelnutt, R-Trussville.

The bill passed the House Judiciary Committee on February 9 with a 10-4 vote, with Republicans voting for it and Democrats voting against it.

In addition, the bill would change the definition of a riot, create new crimes in Alabama of assaulting first responders and blocking interstates and highways. It would also stop state funding for governments that abolish their police departments.

The new crime of assault on a first responder would carry a prison sentence of up to 20 years.

Community organizers say the bill is racist and targets Black organizers and the Black community and will have wide-ranging ramifications for all Alabamians.

The opposition to the bill is led by Alabama Moves, a black-led coalition, co-founded by Project Say Something, dedicated to challenging racist, sexist, and homophobic policies that affect Black bodies.

The bill’s definition of riot is so broad that it could be applied to a group of five people moving in any space.

Currently, Alabama’s definition of a riot is when a person along with five others, “wrongfully engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of public terror or alarm.”

Under Treadaway’s bill, the definition would change to, “the assemblage of five or more persons engaging in conduct which creates an immediate danger of damage to property or injury to persons.” Additionally, it would become a crime if a person intentionally participates in a riot after being instructed by a law enforcement officer to disperse or if the person is in violation of a curfew.

“HB 2’s ambiguity of definition, restriction of the right to protest, and priority to protect officers of law enforcement over the already neglected citizens of Alabama has triggered a necessarily angered response from the communities of color this bill targets,” EJ Cutts, who serves as field director for CellA65, said. “This bill, and its passing, are a direct threat to the rights of thousands who want nothing more than the ability to live in conditions suitable for living.”

If passed, the bill would give law enforcement officials the ability to target and arrest Alabamians unjustly for any of these crimes. Offenders would be jailed for 24 hours before being eligible to post bail and later drop the charges.

Additionally, those convicted of inciting a riot would be sentenced to a mandatory 30-day sentence.

The bill also targets anyone who provides aid to protesters such as providing water bottles or contributing to bail funds.

“House Bill 2 and Senate Bill 115 are clearly targeted at Black organizers- and the repercussions will be felt by all Alabamians. Despite minor adjustments to HB2 in committee, the racist intent of this bill remains and will result in the criminalization of nonviolent protests and constitutionally protected free speech,” Felicia Scalzetti, digital organizer for Hometown Action, said. “ Anyone seen as aiding by providing supplies, handing out bottles of water, or contributing to a bail fund could also be charged and jailed. These anti-protest bills would institute mandatory holding times and mandatory minimum sentencing in a time when our jails and prisons are overburdened and overcapacity. Under these bills, you will be incarcerated longer for kneeling in the road than driving under the influence. The attempt to intimidate and deter Alabamians from even being associated with protests, strikes, or demonstrations is clear and we must stop them from becoming law.”

Community organizers say this bill is a clear violation of Alabamians’ constitutional rights to freedom of speech and freedom of assembly.

“HB 2 radically changes the definition of riot by eliminating requirements that the act be wrongful and that it be either intentional or reckless,” David Gespass, co-chair of the Alabama Chapter of the National Lawyers Guild, said. “What that means is that one can be convicted of rioting for exercising their constitutional right to free speech if someone else acts wrongfully. The objective intent of the act is to intimidate people into not speaking out against injustice for fear of prosecution. The proposed law is overbroad and ill-defined, leaving protesters to guess whether they are breaking it or not and no one should have to guess about their First Amendment rights.”

Alabama Moves has spearheaded the organized opposition for HB 2 including asking for public hearing and prepping the speakers on the bill; contracting a lobbyist consultant and has actively lobbied against the bill for the past month; and sponsored two protests so far at the State House in opposition to the bill.

Camille Bennett, founder of Project Say Something and Alabama Moves, said they are still hopeful they can defeat the bill, but there is not much time left.

Bennett said it is expected the House will take up the bill on Tuesday, February 22.

“We hope they keep running the clock,” she said. “But we really hope it doesn’t make it to the Senate Floor. If it does, we’ll come back and turn up again.”

Bennett called the bill “subjective and egregious.”

“It’s going to be chaotic – extremely chaotic – if it passes,” she said. “We have young people who are going to continue to protest regardless. Project Say Something’s stance will be to stop. The bill is such a violation of our rights. There are alot of young organizers who do not feel the same way. They will be the most impacted. Anything can happen if it is passed. If you organize a rally, and some random person comes and throws a brick you get a felony.”

Alabamians are asked to contact their legislators here and ask that they vote against this legislation.