Oklahoma bill aims to hold employers liable for paid protesters’ damages

OKLAHOMA CITY — A lawmaker is pushing for a state law that would hold special interest groups and employers liable for the behavior of any protesters they’ve hired.

State Rep. Mark McBride’s measure comes as suspicions flare nationwide that special interest groups are paying people to disrupt congressional town halls or impede pipeline projects.

“If you are a paid protester and you come to Oklahoma or you live here and you cause destruction of public or private property… we’re going to hold the person that paid you responsible for the damages because they are your employer,” said McBride, R-Moore.

McBride acknowledged it might be a challenge to prove which of the protesters are actually being paid.

While there’s been no sign that protesters-for-hire have infiltrated Oklahoma yet, McBride said his measure is a proactive one, particularly as some people have already threatened to protest the construction of the 440-mile Diamond Pipeline, which will one-day transport crude oil from Oklahoma to Tennessee.

Existing state law already protects and compensates residents against people who trespass on or vandalize their property, but McBride said it’s time to hold protester’s employers liable for damages.

“If they come and protest peacefully, that’s one thing, but (to) come in here and destroy private property is another,” he said, adding that he’s not seeking to stifle dissent.

Though the measure faced stiff opposition from Democrats, it easily cleared the House of Representatives and is now headed to the Senate for consideration.

“People are exercising their First Amendment rights, and this will potentially punish them for doing that,” said state Rep. Emily Virgin, D-Norman, who opposed the measure.

She said it’s not fair to hold organizations that back protesters liable for damage they could not have foreseen. She also questioned how many people are actually working as paid protesters.

“It’s demonizing people who are just exercising their First Amendment rights,” Virgin said.

American Civil Liberties Union of Oklahoma Executive Director Ryan Kiesel said advocacy groups have long helped subsidize protests, particularly during the Civil Rights era.

“I do think that the idea that folks are showing up at protests simply because they’re being paid to be there is outrageous and unfounded,” he said. “It’s not happening in the way that (lawmakers) imagine it.”

Kiesel said he’s concerned the measure intends to interfere with constitutionally protected rights.

“This is an absolutely absurd and despicable assault on the rights of political speech and civil resistance efforts that are an essential function of democratic society,” he said. “Lawmakers would be wise to listen to the voices of the people rather than attempting to try to intimidate them into not speaking at all.”

Janelle Stecklein covers the Oklahoma Statehouse for CNHI’s newspapers and websites. Reach her at jstecklein@cnhi.com.

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