Bill aimed at anti-Trump highway protests clears Iowa Senate panel

A bill drafted in response to anti-Trump protesters who blocked traffic on I-80 in Iowa City after the November 2016 election was advanced Tuesday in the Iowa Senate, despite arguments it's been politically tainted by Republican lawmakers.

Senate File 426 was approved on a 2-1 vote by a Senate subcommittee, sending it for consideration by the full Senate Judiciary Committee. The measure prohibits persons from standing on a highway with a posted speed limit of 55 mph or more with the intention of stopping motor vehicle traffic.

"When somebody does something that endangers the people around them, like blocking high speed avenues, interstates ... there should be a penalty for that," said Sen. Jason Schultz, R-Schleswig, who chaired the subcommittee. He was joined in supporting the bill by Sen. Julian Garrett, R-Indianola.

Sen. Tony Bisignano, D-Des Moines, opposed the bill, while acknowledging he doesn't support protesters blocking interstate highways. But he said lawmakers should recognize that such incidents are rare and that the 2016 protests occurred after a highly energized election which left many people disappointed and disillusioned.

"This bill was filed with a political intention," Bisignano said.

More than 100 protesters shut down I-80 in Iowa City in November 2016 following a "Not My America" protest at the Pentacrest, although the march was not planned by organizers. Heading north on Dubuque Street to I-80, the protesters walked down the ramp onto the interstate, blocking eastbound traffic for nearly 30 minutes, opposing the election of Republican Donald Trump. State troopers responded and removed 77 protesters.

Nine Republican members of the Iowa Senate sponsored similar legislation last year, although it was never debated on the Senate floor. Bisignano said Republicans politicized the bill, pointing to remarks in November 2016 by Rep. Bobby Kaufmann, R-Wilton, who discussed a proposal he entitled, "Suck it up Buttercup," to push back against university students who were upset at the outcome of the presidential election.

The bill advanced Tuesday carries tough penalties ranging from one year to five years in prison. But Schultz said he expects those provisions will be amended to provide for lesser penalties.

Daniel Zeno, policy director of the American Civil Liberties Union of Iowa, spoke against the bill. He said it's clear the legislation was drafted in response to the Iowa City protesters, even though the measure as written may appear to be neutral.

"We believe as applied to target First Amendment-protected activity this is a deeply chilling and troubling attack on the right to free expression," Zeno said. "In our country, where the government’s power flows from the people, peaceful protest is a source of democratic strength, not weakness. It deserves to be protected and cherished, not attacked."

Garrett responded that they all support peaceful protests, but the question is where lawmakers should draw the line. "Is it OK at a peaceful protest if a group goes out on the interstate and blocks traffic?" he asked.

Zeno said he recognizes a criminal act is not speech, but that the legislation should be viewed in the context of post-election 2016.

Garrett replied: "This would apply to any particular group," regardless of their political views.