Obstructing Traffic (H 5192, H 5193, S 0129)

In February, the ACLU testified before the House and Senate Judiciary committees in opposition to legislation (H 5192, H5193, S 0129) creating a new crime of obstructing traffic or obstructing a freeway. The ACLU testified that imposing felony penalties against individuals who block traffic would saddle them with a lifetime of penalties far exceeding the severity of their behavior, while legislation imposing misdemeanor penalties was no less troubling or unnecessary. Individuals who willfully block traffic can already be arrested and charged with disorderly conduct, a misdemeanor, and that the creation of new crimes solely targeted at individuals engaging in political speech had troubling First Amendment implications. The ACLU further testified that the legislation’s broad wording could result in it being used to target homeless individuals engaging in panhandling. No bill was voted on before the end of the legislative session.