RALEIGH, N.C. — A civil rights group filed a federal lawsuit Tuesday challenging the North Carolina law passed this year that imposes stricter penalties for rioting.
The American Civil Liberties Union of North Carolina lawsuit challenges House Bill 40, which would increase penalties for certain existing rioting charges and create new offenses related to rioting, among other provisions.
The civil rights lawsuit seeks to halt enforcement of “plainly unconstitutional portions” of the law, according to a news release.
The group, in the release it sent Tuesday, denounced the increased criminal penalties for protesting and said the law makes protesters liable to individuals harmed by a protest, “even where a protester only verbally encouraged activities defined as ‘rioting’ and did not take any individual actions to cause injury or damage.”
The civil rights group also said the law is “overbroad and vague and will function to dissuade people from engaging in lawful protest activities.”
Sam Davis, attorney with the ACLU of NC Legal Foundation, said in a written statement that the law “represents a culmination of the legislature’s repeated efforts to crack down in response to the Black Lives Matter protests of 2020. It is a flagrant attempt to vilify and criminalize a social justice movement.”
“This bill forces North Carolinians to risk the immediate and long-term loss of their freedom when exercising their right to protest. This suit is an effort to protect the right to protest and advances our continued support and defense of the Black Lives Matter movement and activists,” he said.
HB 40 defines a riot as a public disturbance involving three or more people which by “disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.”
The bill lays out that any person “who willfully incites or urges” someone to riot, depending on the effects, can be charged with a misdemeanor or felony. Solely being present is not enough for a charge under the bill.
HB 40 was sponsored by House Speaker Tim Moore, a Republican, and passed into law in March after Democratic Gov. Roy Cooper let the legislation pass without his signature.
It had support from several Democrats, including Rep. Shelly Willingham, who said the bill would apply only to those who are violent or who destroy property, The News & Observer reported.
“If you’re thinking that this is something that was done in reaction to ... what’s been happening with Black Lives Matter or any other kinds of (demonstrations), then I’ll tell you that you’re wrong,” Willingham said then.
Cooper in 2021 vetoed similar legislation introduced by Republican lawmakers due to First Amendment rights concerns. He said the bill this year had assuaged some of his concerns but that he still remained concerned about the bill’s potential impacts, The N&O reported.
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