Shutterstock
In an expansion of Florida’s already-robust “stand your ground” laws, governor Ron DeSantis has drafted a bill that would allow business owners to shoot suspected looters. This comes after months of civil unrest over racial inequality by Black Lives Matter organizers. Supporters of the bill argue that business owners should be able to defend their property against rioters.
Opponents of the bill argue that it could give too much power to armed opponents of protests, and that it could result in protesters being shot for allegedly “looking like looters” in the chaos of a protest. Further, the law allows any armed citizen to shoot protesters they believe are engaged in criminal mischief aimed at a business. Opponents hold that this could turn protests into deadly shootouts, as it leaves the interpretation of guilt up to private citizens.
DeSantis’ proposed law also includes a clause that makes it a felony to block traffic in the course of a protest. Moreover, drivers who kill or injure protesters would not face charges if they claimed to have accidentally done so while the protesters were blocking traffic.
This language alarmed many civil liberties groups in the US, who argued that it would result in escalations of violence during otherwise peaceful protests and showed a disregard for human life.
In September, DeSantis pledged to crack down on protesters that he characterized as violent and disruptive. In the months since George Floyd’s death at the hands of police officer Derek Chauvin, Black Lives Matter demonstrations grew in size and scope in cities across the US.
This, in turn, saw more incidents of protesters having standoffs with police and citizens who are opposed to their methods and message.
Opponents of the bill argued that DeSantis was acting in bad faith when drafting the law. The legislation, which DeSantis describes as “anti-mob,” would empower anyone to shoot any person they suspected of rioting or looting. This language would be unlikely to stand up to scrutiny in the Supreme Court, even with conservatives 6-3 majority on the bench.
Critics have taken issue with DeSantis’ language in the bill, arguing that it’s too divisive to be realistic. Protests in the US have been largely peaceful, though marked with occasional flares of violence and rioting. “[The bill] allows for vigilantes to justify their actions,” Denise Georges, former Miami-Dade County prosecutor, told reporters.
“It also allows for death to be the punishment for a property crime — and that is cruel and unusual punishment. We cannot live in a lawless society where taking a life is done so casually and recklessly.”
