Firefighters use a saw to cut away a barrel that protesters locked themselves to and blocked the morning commute Thursday, Jan. 15, 2015, in Milton, Mass. Activists protesting what they call “police and state violence against black people” chained themselves to concrete-filled barrels and blocked a busy Boston area highway in two places at the height of the morning commute. (AP Photo/The Boston Herald, Mark Garfinkel)
BOSTON (AP) — Some state lawmakers are proposing getting tougher on protesters who block highways following a demonstration that tied up rush hour traffic on Interstate 93 and diverted an ambulance.
The proposals, submitted before Friday’s bill-filing deadline at the Statehouse, could increase fines or lengthen jail sentences for demonstrators.
Activists alleging police and state violence against black people attached themselves to concrete-filled barrels or chained themselves together using plastic pipes, causing miles-long backups. Grand jury decisions not to indict white police officers involved in the recent deaths of unarmed black men in Ferguson, Missouri, and New York City have led to protests nationwide.
A cut-open barrel partially filled with concrete rests along Interstate 93 in Milton Thursday. According to police the barrel was cut open by first responders to free the arms of protesters on Interstate 93. Activists protesting what they call “police and state violence against black people” chained themselves to concrete-filled barrels and blocked a busy Boston-area highway at the height of the Thursday morning commute. (AP Photo/Massachusetts State Police)
Nearly 30 protesters were arrested and arraigned on charges including trespassing, disorderly conduct, resisting arrest and willfully obstructing an emergency vehicle.
State police said an ambulance transporting a seriously injured car crash victim to a Boston hospital was forced to divert to a hospital outside the city that did not have a trauma unit. The man survived.
Members of both chambers on Beacon Hill have spoken in favor of legislation, with Rep. Colleen Garry, D-Dracut and Sen. Richard Ross, R-Wrentham, filing amendments to current state law that would make blocking a highway a felony and impose a minimum $5,000 fine and allow a jail sentence of up to six months for willfully trespassing on state highways.
Current law allows for a maximum $50 fine and a jail term of no more than three months.
State Rep. John Velis, D-Westfield, said that he too filed amendments before deadline Friday, but upped the ante if a highway tresspasser were to block emergency medical personnel.
A firefighter, top left, according to police, uses a drill to break up concrete inside a barrel to free the arms of two protesters as a state police trooper, top right, and firefighters assist him on Interstate 93, in Milton. Activists protesting what they call “police and state violence against black people” chained themselves to concrete-filled barrels and blocked the busy Boston-area highway at the height of the Thursday morning commute. (AP Photo/Massachusetts State Police)
The Velis amendment states that if someone trespassing on a state highway prevents a patient in need of medical treatment from getting treatment, the $5,000 fine would then increase to no less than $7,000 or imprisonment for more than a year.
If a patient in need of medical treatment were to die as a result of that trespassing, under the Velis amendment the fine would increase again to no less than $10,000 or by imprisonment in a jail for not more than two and-a-half years or in a state prison for not more than 10 years, or both.
“If it goes through, its a felony now,” said Velis.
The second-year representative admits that these amendments to the Commonwealth’s trespassing statute are potentially at odds with the First Amendment to the U.S Constitution granting the freedom of expression, but he believes they are necessary to ensure public safety.
“The First Amendment does not give you the right to trespass or cause harm to others,” said Velis. “To use the example of yesterday, refusing to get out of the way when an ambulance is coming towards you carrying a critical patient is absolutely morally reprehensible and we need to hold all of these people accountable.”
“There is no firmer believer in the First Amendment than myself,” Velis said. “But when we’re talking about death or serious bodily harm because people want to make a political point, that is where we as lawmakers need to draw the line and send a message – ‘cut it out.'”
Gov. Charlie Baker said Friday he had not read any of the legislation but agreed in general with stiffer punishment for actions that might endanger public safety.
“I think raising the stakes in terms of the penalty for that kind of protest is a good idea,” Baker said.
