FRANKFORT, Ky. — A bill awaiting a signature from Gov. Andy Beshear, D-Ky., would make it a crime to interfere with a legislative proceeding in the capitol chambers of legislative annex. House Bill 399 received final passage last week.
Under the bill, protesters can be arrested if they knowingly engage in disorderly conduct at the Capitol or Capitol annex, preventing the General Assembly from doing business.
It was filed in response to dozens of protestors being arrested and removed from the House gallery as lawmakers debated overturning the veto of a divisive anti-trans bill. Emmett Valentin was arrested in March 2023 while protesting then-Senate Bill 150.
“They charged us with third degree criminal trespassing, so we over the last couple of years have been going to court over that,” Valentin said.
Third-degree criminal trespassing is a Class B misdemeanor. Valentin and the other protestors reached a plea deal, and the crime will eventually fall off of their record.
“When we were there, no one was in danger. We very much went in like, plan for the worst, hope for the best,” Valentin said.
But now, HB 399 from Republican John Blanton, R-Salyersville, looks to stiffen the crime. It would create the offense of first-degree and second-degree legislative interference. First-degree legislative interference would be a Class A misdemeanor and a Class D felony for the third offense.
“I am a staunch advocate of the First Amendment; I think it’s one of the best amendments we have in our constitution,” Blanton said on March 7 as the House voted on the bill. “But when you take that and you prevent a legislative body from doing its work, you’ve crossed a line.”
Valentin said it follows a national trend of trying to quiet voices that disagree with lawmakers.
“Kentuckians should feel comfortable showing up to the capitol and making their voices heard because we elected them, they’re supposed to be our voice so if they’re not following the will of the people they shouldn’t be allowed to hide in their chambers,” Valentin said.
Protesters would only be charged if they refuse to leave. However, Angela Cooper, with the ACLU of Kentucky, said any threat such as this stifles Kentuckian’s first amendment rights.
“There is absolutely the possibility of people being afraid to engage in the political process; it’s really disappointing, really shameful to see what some of our lawmakers have done in response to being confronted by their constituents,” Cooper said.
The bill does not apply to demonstrations in the Capitol rotunda or outdoor areas. Rep. Blanton said nothing in the bill is meant to take away a right to protest.
“Judges have the power to deal with interruptions in the courtroom by use of criminal contempt proceedings if necessary and all this bill is doing is giving the legislative branch equivalent protections,” Blanton said on the House floor on March 7.
Valentin said it won’t stop them or other advocates from speaking out. They have no regrets from 2023.
“Genuinely our lives are at stake, the government is outlawing my existence it’s not really on the top of my concern what my criminal record is going to look like because I don’t know if I’m going to be able to have a job like everyone else has,” Valentin said.
ACLU told Spectrum News 1 if the bill goes into law, they would have to wait for someone to be charged with the crime before the organization could take legal action.
