The North Carolina House just passed a bill that could protect motorists, who hit pedestrians with their vehicles during street demonstrations.
Representatives approved legislation on April 27 that removes civil liability from motorists if they hit any person, who is participating in a protest. The legislation was passed after, 67-48 votes in favor.
Henry Michaux, who is a Democratic state Representative, opposes the legislation. He thinks that it is likely to become law through an override vote. He thinks that a lawsuit is the only way to stop the bill from becoming a law. Michaux finds the bill “unconstitutional” and thinks that people will interpret it as an “invitation to mow down protesters or weave through parades, and he feels the motivation behind the bill may be racial.”
“Who demonstrates more than people of color?” said Michaux. He worries that “It would give some folks the idea,” to intentionally run over people “because you’ve got a group of black folks out here or a group of Latinos out here.”According to Nelson the concept behind the bill had a similar connection with a backlash against the Dakota Access Pipeline protests in North Dakota. “The idea of immunizing drivers appears to have originated in North Dakota, where state Representative, Keith Kempenich proposed a similar bill in January after his mother-in-law allegedly was swarmed on a roadway by protesters opposed to construction of the Dakota Access oil pipeline. The measure was rejected in a 41-50 vote in February,” Nelson reports.
The legislation does include the protection of pedestrians who have the proper permits. The bill says that motorists can still found be liable hitting pedestrians if the actions of the motorists are deemed “willful or wanton.”
However, that leaves a lot up to interpretation.
As Nelson reports, If a driver hits a pedestrian who is “participating in a protest or demonstration and blocking traffic in a public street or highway,” as the bill's language states, the driver may not be held responsible if it can be proved that he or she was “exercising due care.”
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