Kentucky bill could lead to arrest for insulting, taunting police
(The Center Square) – The American Civil Liberties Union of Kentucky and Americans for Prosperity-Kentucky have joined forces to oppose a bill that would give law enforcement officers the right to arrest people who allegedly taunt them.
The joint statement from both organizations came Friday, one day after Senate Bill 211 passed the state by a 21-11 vote. The bill is now in the state House of Representatives.
The bill was sponsored by state Sen. Danny Carroll, R-Benton. Before becoming a lawmaker, he served nearly a quarter-century as a police office in Paducah. He retired as the western Kentucky city’s assistant chief in 2010.
Specifically, it allows for anyone to be arrested for disorderly conduct if that person “accosts, insults, taunts, or challenges a law enforcement officer with offensive or derisive words, or by gestures or other physical contact” meant to “provoke a violent response from the perspective of a reasonable and prudent person.”
The measure was proposed after months of demonstrations took place in Louisville regarding the Breonna Taylor case, where an unarmed Black woman was shot by police trying to enter her apartment with a “no-knock” warrant. Law enforcement officers arrested hundreds of protesters last summer.
ACLU-KY Legal Director Corey Shapiro in a statement the bill is a massive overreach seeking to silence minority communities.
“The fact that lawmakers are attempting to criminalize speech they view as ‘offensive’ is, itself, offensive,” Shapiro said. “Moreover, courts have consistently stated law enforcement officers should be held to a higher standard when subjected to insults, as they are entrusted with the authority to enforce the law with lethal force.”
AFP-KY State Director Mike Conway said his group shares concerns about public safety. However, he said that’s why there are laws on the books against assaulting people or damaging property.
“Senate Bill 211 will not change that distinction, but will risk punishing Constitutionally protected public participation,” Conway said. “The General Assembly knows protecting public safety and upholding constitutional freedoms aren’t mutually exclusive.”
In a passionate speech on the Senate floor Thursday evening, Carroll defended his bill.
He said he has no issue with peaceful protests, but rioting interferes with those who want to use the First Amendment rights.
“I will not apologize for passing laws to protect the people of this commonwealth, to protect the property of the business owners of this commonwealth, to protect our first responders,” he said. “I will never apologize for that. Just as the protestors felt that they had reason to protest, that they had been wronged, there were situations that needed to be dealt with. And there are wrongs that needed to be addressed.”
Six Republicans joined with five Democrats to oppose the bill.
State Sen. Gerald Neal, D-Louisville, serves the area where nearly all of the protests took place. He told his colleagues that there were people working closely with police to ensure there were no escalations during the protests.
“There’s so much wrong with this bill, I could stand here for an hour or two to talk about it,” Neal said on the floor Thursday.
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