Dancing in the Streets: Inauguration Day Protests in Nashville and New Criminal Punishments
After the events of 2 weeks ago, and the ongoing nuttiness surrounding the 2020 election and the protests…errr, riots that occurred in Washington DC, I know a lot of you are nervous about what’s going to happen around the state capitol in Nashville on January 20, 2021. After speaking with District Attorney Glenn Funk and various members of the Metropolitan Nashville Police Department, I can confirm that they are taking this extremely seriously, and coordinating MNPD resources with Tennessee state law enforcement groups, so hopefully the lack of preparation we saw in the nation’s capitol on January 6 won’t be an issue here. For those of you who are planning on going down to the capitol, you should know that certain laws have changed regarding protests, increasing penalties astronomically for what had previously been VERY low level misdemeanor offenses.
For the purposes of this blog post, I’m going to focus on Tennessee Code Annotated § 39-17-307, Obstructing Highway or Other Passageway. My post is to give you information you need to avoid getting arrested, and not necessarily to opine on the legality of such statutes, but just so you know, I think the way this statute has been commandeered in the service of stifling legitimate protest is resolutely Un-American. Basics boil down to this: what used to get you a Class C Misdemeanor (30 days max sentence and $50 max fine) has now been bumped up to a Class A Misdemeanor (11 months and 29 days max sentence and $2500 max fine) and in some cases may actually constitute a Class E Felony (1-6 yrs, up to a $3000 fine). According to the new law, obstruction becomes a felony “if the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit.”
The affirmative defense to this (meaning a defense you and I would have to raise AND prove in court) requires that you be a non-profit organization in the process of collecting contributions that is being careful and also got a permit to be there. In other words, probably not you, simple American citizen who is exercising your First Amendment. The practical advice I can give you is this: stay on the sidewalk. If you step into the street, you’re stepping into a trap. Remember, the Tennessee State Legislature has decided that if you are convicted of this new, nebulous version of a very minor criminal offense, you no longer get to vote. So bring your sign, bring your voice, and bring your awareness of your rights, summarized helpfully here.
