Michigan Republicans push jail time for protesters who block roadways

Michigan lawmakers consider GOP bill to make it a misdemeanor crime for protesters to block highways, punishable by jail time
Supporters argue the measure is needed to protect public safety and ensure emergency services are not delayed
Opponents say the bill threatens free speech and punishes peaceful protest, noting state law already imposes fines

Lawmakers in Michigan’s Republican-led House are considering a bill that would allow prosecutors to seek jail time for protesters who block traffic on highways.

That could include thoroughfares like Woodward Avenue in Detroit, 28th Street in Grand Rapids and Telegraph Road in metro Detroit that are technically highways.

The proposed legislation would classify participation in an “assembly” of individuals who block traffic on a highway as a misdemeanor crime, carrying penalties of up to 93 days in jail and a $5,000 fine.

Under current Michigan law, it is a civil infraction to block or disrupt the normal flow of traffic on state roads, with fines of up to $500.

“We all have the right to free speech, to assemble, to express our opinions, but where that ends is when you block people or hold them hostage,” sponsoring state Rep. Alicia St. Germaine, R-Harrison Township, said Wednesday in a legislative hearing on the bill.

“If I feel threatened by a group of people mobbing my car, the last thing I want to do is hurt somebody.”

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Civil rights advocates say the bill goes too far, warning it could stifle free speech and punish peaceful protests, while noting police already have laws to address safety concerns.

“This bill is an injustice to our core principle of free speech and our right to protest that are enshrined in both the United States and Michigan’s constitutions,” said Kyle Zawacki, legislative director for the ACLU of Michigan.

St. Germaine was not able to say how often protesters have blocked Michigan highways, but she pointed to a recent “die-in” protest in Ann Arbor, a 2020 protest in Detroit where a police SUV drove through a crowd on Vernor Highway and a 2018 incident in Flint where police said a driver accidentally injured eight protesters on Dort Highway, among others.

She also played two TikTok videos of climate change activists in Washington blocking traffic and a Gaza war protester in Los Angeles getting hit by a car, with a caption suggesting the person “regrets identifying as a speed bump.”

“I was asked the other day, ‘Why did you … want to introduce the bill?’ St. Germaine said. “Well, TikTok and some of these videos. And there’s way worse videos out there than what we illustrated.”

The House Judiciary Committee did not vote on the bill on Wednesday, and its ultimate fate in the state Legislature remains uncertain.

More than 30 Republican colleagues joined St. Germaine in co-sponsoring the bill. But Democrats like state Rep. Kelly Breen of Novi questioned the proposal.

“My big concern here is that we are currently seeing the evisceration of constitutional rights, especially due process, in this country,” Breen said. “I am extremely concerned about the chilling effect that this would have on free speech and free assembly.”

Last year, Attorney General Dana Nessel, a Democrat, charged several protesters with trespassing and resisting or obstructing police after officers cleared an anti-war demonstration at the University of Michigan.

Most of those charges were later dropped, but in January Nessel issued guidance to law enforcement, noting protests would likely play a “large part” in national discourse with President Donald Trump back in office.

Police were advised to balance protecting protesters’ First Amendment rights with maintaining public order, in a memo prepared for Nessel by Michigan Solicitor General Ann Sherman.

“When addressing concerns at a protest, every attempt at de-escalation and deterrence should be utilized first, with arrest as the last available option. Law enforcement officers are provided great discretion in their interactions with citizens.”

Since January 2017, when Trump’s first inauguration sparked widespread protests, at least six states have enacted laws that make protesting on roads or highways punishable with jail time, according to the International Center for Not-For-Profit Law.

One example is North Carolina, where Republican lawmakers overrode Democratic Gov. Roy Cooper’s veto to pass broad legislation that also strengthened a ban on wearing masks at protests, except for health-related reasons.

Several states tightened protest laws in 2021 following nationwide demonstrations against police brutality, and Michigan is now among those considering measures targeting protests that obstruct traffic.

Macomb County Prosecutor Pete Lucido and Oakland County Sheriff Mike Bouchard — both Republicans who previously served in the state Legislature — testified in support of the new legislation, noting street protests can block emergency vehicles.

“People have a right to be passionate about what they do but they have to do it lawfully,” Lucido said. “When you don’t have a law to cover the type of behavior that is happening, you don’t protect law enforcement, fire, EMS and the public at large.”