It’s deeply troubling that the Idaho legislature is considering passing House Bill 167, a new law intended to protect critical infrastructure from damage caused by trespassers. It is important to recognize that criminals who are intent on destruction will not be deterred by this legislation. Instead, it will be innocent citizens who seek to exercise their right to protest who will be unfairly punished. This would have a chilling effect on free speech and legitimate dissent.
House Bill 167 would create Section 18-7045, Idaho Code, to establish a new crime of “critical infrastructure trespass,” with enhanced penalties, even though Idaho already has laws against trespassing.
Under this vaguely worded law, even participation in protests against unconstitutional laws or regulations could become a criminal offense. The law’s vague language also means that innocent individuals could be charged with trespassing simply for unknowingly crossing a chalk-lined area or failing to see a sign.
Can you imagine the fear and uncertainty of bringing your family to a peaceful protest, only to find out that the vague language of a new bill could make you and your loved ones liable for criminal trespass if you misread a sign, chalk-line, or coned-off area?
How many of us have taken that brave step, marching alongside hundreds or even thousands of others, peacefully and legally protesting the mandates, rules, and regulations that impede our rights? While our intention is to stay in public spaces, there have been times we’ve stepped off sidewalks and crossed grassy areas to join with like-minded individuals. The vague wording of this bill could make those innocent actions criminal trespass.
Furthermore, the proposed legislation would hold organizations personally liable for $100,000 if one of their participants causes damage or trespasses during a protest. The organizations could also be civilly liable for damages and loss of profits by the facilities. This unfairly burdens organizations that may have no control over individual participants’ actions.
House Bill 167 undermines our First Amendment rights and does little to protect “critical infrastructure” from criminals intent on destruction.
It creates an environment where peaceful protesters could be criminalized and penalized. We must focus on preserving the constitutional rights of citizens rather than punishing innocent people who seek to exercise their rights.
We urge the Idaho legislature to vote against House Bill 167 and instead focus on preserving our constitutional rights. Trespass and criminal destruction laws already exist in Idaho and do not need further expansion. Let’s protect our critical infrastructure without infringing on our fundamental rights.
