Lengthy Island county votes to permit first responders to sue protesters, permit civil fines as much as $50,000

After a heated five-hour public testimony, Long Island legislators voted 12-6 to implement the bill. It takes effect immediately.

This law comes as states and municipalities seek to restrict the rights of protesters after more than a year of protests in support of the Black Lives Matter movement.

While the Nassau County’s law doesn’t specifically name Black Lives Matter, it cites “civil unrest since late May last year” when protests erupted in response to the deaths of Ahmaud Arbery, George Floyd and Breonna Taylor.

Several lawyers who attended Monday’s hearing predicted the law would be challenged on constitutional grounds.

Last year Oklahoma passed a law that gives immunity to motorists who accidentally injure or kill protesters trying to escape, and increases penalties for protesters who block public roads. Florida increased penalties for assault and other related charges during a riot and prohibited the damage or defacement of monuments or historic property. There are currently 53 similar bills pending across the country, according to a bill tracker investigating U.S. protest laws from the International Center for Not-For-Profit Law.

Fines in addition to possible damages from lawsuits

In May 2019, Nassau County passed a law to include first responders in its human rights law, prohibiting discrimination against them and identifying them as a “protected class”. In addition to the already established class, the new law poses additional threats with civil action and district penalties.

It states that first responders can sue people they believe have molested, injured, threatened, or assaulted because of their first responder status or in uniform, so they can seek damages, punitive damages, and legal fees.

In addition, under the law, individuals could face a county civil penalty of no more than $ 25,000 per breach of the “injured” first responder. If the violation occurs during a “riot,” the law allows the fine up to $ 50,000.

The size of the fines is based on previous human rights laws in the county, where fines can range up to $ 50,000 for some offenses and up to $ 100,000 for malicious acts, according to Nassau County Legislator Joshua A. Lafazan, who drafted the bill.

The fine would be payable to the first responder in addition to possible damages from a lawsuit.

The law cites federal laws to define what an insurrection involves and qualifies it as a “public disturbance” involving violence with “one or more people belonging to a congregation of three or more” making a clear and present Causing danger. The definition also includes threats or the threat of violence. The law does not provide any further definition of what would be considered violent in these situations.

Many of the speakers during the public testimony noticed the vague language of what might or might not get them into trouble and said the law was intended for anyone who challenges the police.

Lafazan told CNN on Sunday in criticism that the bill targets a specific race or political ideology, “outrageous”.

“By protecting our first responders, this bill helps guarantee the fundamental right of all citizens to freedom of expression without violence or intimidation,” he said.

Nassau county hearing debates whether law enforcement should have more protection

At Monday’s hearing in Nassau County, arguments were heard from a variety of stakeholders, including several presidents of various police unions and activists from the area.

“Our officers consistently behave with the utmost professionalism that has earned them the respect of every community in Nassau County,” said James McDermott, president of the Nassau County Police Charity.

“Nassau County Law Enforcement Services deserve the support of our elected officials and all possible protections to keep them safe throughout their tenure. Any attempt to say otherwise will respect everyone who wears the badge, ”he said.

However, many argued that when the police already had so much power, there was no need to consider the added weight of the financial consequences.

“Police officers when harassed, like any of the PBA [Police Benevolent Association] Presidents said they can arrest people, “NAACP Long Island director Tracey Edwards said during the hearing. “You can apply the law. That’s why we have laws. We have wonderful cops who can protect themselves. You don’t need a human rights law to put them above everyone else. And you do. ”

The New York Civil Liberties Union also argued in a statement that the law was potentially unconstitutional and offered unnecessary protection.

“This bill would create a novel, dangerous and unconstitutional ‘irrefutable presumption’ that illegal behavior towards police and other first responders was motivated out of hatred if the rescuer was in uniform at the time,” the group said. “This means that anyone charged under this law faces criminal penalties, mandatory civil penalties and damages in civil litigation without the opportunity to produce evidence that they were not acting out of bias. In the criminal context, this is plain and simple unconstitutional. ”

“These laws are misguided and counterproductive in that they undermine police-community relations, do nothing to improve the safety of first responders, and mock the actual civil rights laws that have been enacted to protect this nation’s historically marginalized communities,” added NYCLU added.

Nassau is a county of more than 1.3 million people east of New York City.