Punish organizers for ‘bad actors’? Bill would create felony for ‘vicarious liability’

The Legislature is moving forward with a proposal intended to crack down on organizations that encourage and train protesters to damage infrastructure like oil pipelines, despite critics’ concerns surrounding unintended violations of First Amendment protections.

The House Civil Law and Data Practices Policy Committee on Tuesday approved HF3693, sponsored by Rep. Dennis Smith (R-Maple Grove), which would extend both civil and criminal liability to any group or organization that recruits, trains or aids an individual arrested for damaging “critical infrastructure,” including utilities, airports, railroads or oil or gas pipelines. Under the bill, the group or organization would be charged with a felony and be responsible for damages because of their vicarious liability.

Proponents said the bill comes in response to climate-change activists who attempted to shut down an oil pipeline in Clearbrook by turning off a valve station. By cutting off the oil supply, bill supporters said the protesters endangered workers and could have done further environmental damage.

“We support it because our state – we all – rely on infrastructure that is essential,” said Cam Winton, the Minnesota Chamber of Commerce’s director of energy and labor-management policy. “Unfortunately, there are some folks who, in recent memory, have actively worked to harm that infrastructure, and who are pretty public about their plans to do damage to that infrastructure going forward.”

The committee sent the bill to the House Public Safety and Security Policy and Finance Committee on a 9-5 party-line, roll-call vote. Its companion, SF3463, sponsored by Sen. Paul Utke (R-Park Rapids), awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.

But DFLers made an immediate connection between the bill and labor unions who use options like picket lines to achieve results. Although they don’t use destructive measures, Rep. Debra Hilstrom (DFL-Brooklyn Center), who told the committee about her Teamster grandfather spending time in federal prison for organizing when it was illegal, said the bill would allow prosecutors to pin a crime of one “bad actor” on an entire group.

“It’s unnecessary, it runs afoul of the right to due process, it punishes the constitutional right of freedom of speech and freedom of association, and will almost certainly chill speech,” ACLU Minnesota Legal Director Teresa Nelson said.

Citing protesters who entered Interstate 94 and stopped traffic after a jury acquitted former police officer Jeronimo Yanez in Philando Castile’s shooting death, Rep. John Lesch (DFL-St. Paul) said, “I don’t think any law is going to deter protesting.”