Controversy has been sparked after Florida Governor Ron DeSantis said that drivers have a right to hit protestors with their cars if they feel that their lives are in danger. He made these claims in a podcast just before protests were planned in the United States.
He said, “If you drive off and you hit one of these people, that’s their fault for impinging on you.” Many are arguing that his words could endanger protestors who are enacting their First Amendment rights and are not posing any risk to commuters.
The Governor’s Words
DeSantis was recently on The Rubin Report podcast, where he said, “If you are driving on one of those streets and a mob comes and surrounds your vehicle and threatens you, you have a right to flee for your safety. And so if you drive off and you hit one of these people, that’s their fault for impinging on you.”
While he did not say drivers could just run down protestors, he emphasized that drivers could be “sitting ducks” and fear for their lives.
The Realities Of The Law
The reality of what DeSantis said is much more nuanced and dealt with by the law on a case-by-case basis. Florida does have House Bill 1, or the “anti-riot” law, which helps to punish violent protests and give drivers civil protection in extreme cases.
However, this law will not protect drivers if they are criminally prosecuted and their actions are found unjustified.
Civil Vs. Criminal Liability
DeSantis’ statement could confuse civil protections from criminal immunity. House Bill 1 will help protect drivers from civil lawsuits, although this is limited, and the drivers will have to prove that they were justified in their actions.
If their actions are not deemed justifiable, then drivers could be prosecuted for anything from assault to vehicular homicide or manslaughter.
Reactions
Civil rights groups have seen DeSantis’ statement and reacted, stating that the governor’s rhetoric could cause potential harm and damage. Drivers could feel safe doing unjustifiable actions to protestors which would result in harm and a suppression of free speech.
Director of the Community Justice Project in Miami, Alana Greer, stated, “It is not legal in the state of Florida by any stretch of the imagination to harm people with cars during a lawful protest.”
Opinions from Legal Experts
Drivers are still completely responsible for their actions, even during a protest. Mark Eiglarsh, Miami defense attorney, has weighed in, “You still have an obligation to watch where you are driving.”
This implies that drivers still need to be cautious when driving, even when they feel their life is in danger. Only unavoidable outcomes might be protected, but using deadly force due to reckless driving will most likely lead to prosecution and arrest.
Protests
DeSantis’ statement could not have come at a more tumultuous time, as organized protests are sweeping the nation, with over 1,500 protestors coming together as part of the “No Kings” movement amid tensions over immigration enforcement.
The protests emphasize that they will be non-violent. Many might see DeSantis’ comments as a way to squash protestors before protests happen through rhetoric and policy.
The Real Risks Many Face
Drivers should be conscious of the real-world consequences and risks they face if they hit protestors. Even if self-defense is claimed, prosecutions could follow, as well as public backlash. Protestors are on the other side of the coin, and in the shadow of protests around the country, they could face an increased danger, which could put off many and stop them from exercising their rights.
Past Tragedies
There’s been historic examples of drivers doing harm to protestors, whether violent or peaceful. One of the last and most impactful tragedies that happened just a few years ago was the 2017 Charlottesville tragedy, which ended in one death caused by a driver.
These examples showcase just how quickly things can quickly end in deadly consequences if people on both sides don’t exercise caution.
What People Should Know
DeSantis’ comments could be seen as a call for drivers to have free rein during protests, but self-defense has to be proved without a shadow of a doubt and only applies when there is clear evidence of an immediate threat to the driver’s life, and the reactive use of force must be reasonable.
Everyone should understand their rights, both protestors and drivers, as real lives could be put in danger, and perpetrators could face serious consequences.
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