MONTGOMERY — The Alabama House Judiciary Committee on Tuesday held a public hearing on HB 445, however the committee ultimately did not vote on the bill.
Sponsored by Rep. Allen Treadaway (R-Morris), the legislation would create new crimes and penalties for individuals who incite or participate in riots. Additionally, the bill would ensure that any government entity in Alabama that defunds a local law enforcement agency would lose eligibility for any state funding, grants, revenues or other forms of non-federal governmental aid.
Treadaway, who retired this past fall as Birmingham Police Department assistant chief following a 31-year career on the force, began drafting the legislation last summer after a protest in downtown Birmingham became a violent riot that resulted in damage and burglaries for multiple businesses, the vandalization of public property, and injuries to bystanders.
Speaking during the committee meeting on Tuesday, Treadaway spoke to the climate of violent and destructive riots that was on display in 2020 across the nation. He said law enforcement officers are “pulling back” because of what has happened and the “demonization” of the profession due to a small minority of bad actors.
“We’re losing lives because of the effect it’s having on law enforcement,” he lamented. “We’re sending the wrong message to them. I’ve seen it in Birmingham. Folks don’t want the job. Those who are in it are looking to get out. They don’t feel like they’re protected by their elected officials. You’re arresting folks, but charges are being dropped. … This is what this is about. We’re living in a different time, OK. So this is to protect everyone involved. I don’t see anything in this bill that’s not already on the books that is somehow going to suppress somebody’s right to freedom of speech. We’ve protected that in Birmingham for years.”
However, Democrats in the committee meeting expressed grave concerns that the bill would be utilized to silence peaceful protesters and specifically target black Alabamians.
Reps. Chris England (D-Tuscaloosa) and Merika Coleman (D-Birmingham) raised issue with the definition of “riot” introduced in the bill:
RIOT. A tumultuous disturbance in a public place or penal institution by five or more persons assembled together and acting with a common intent which creates a grave danger of substantial damage to public, private, or other property serious bodily injury to one or more persons, or substantially obstructs a law enforcement or other government function.
England, who is the chairman of the Alabama Democratic Party, warned that this language could be used by police officers to arrest people simply for “objectionable speech.” He also lamented law enforcement would be put in the position to determine what constitutes constitutionally protected free speech.
Coleman and England both directly denounced rioting, looting, destruction of property and violence against law enforcement. They expressed that they believe Treadaway’s intent was not bad in bringing the bill while advising the unintended consequences of HB 445 would have serious negative effects.
Throughout his remarks, England also stressed the need for conversations to be had about the distrust communities of color have for law enforcement.
“[W]hen you come and talk about things like, ‘I want to talk to you about rioting,’ what we’re going to talk to you about is ‘what about police accountability?’ Not suggesting that these things (rioting and looting) are acceptable — because they’re not, nobody wants to see a building be looted or a window blown out or police officers attacked and hurt, nobody wants to see that. And also, everybody understands how difficult it is to be a law enforcement officer,” England said. “But also, I want to tell you how difficult it is at times to be a black American now in this country.”
Coleman cautioned that HB 445 could be used as a “tool” to target black Alabamians similar to methods of oppression utilized in the civil rights era.
Rep. Mary Moore (D-Birmingham), herself a participant in the Children’s Crusade in the 1960s, remarked that the bill reminded her of that time and facing off against Bull Connor.
“This is about law and order,” commented Treadaway, who outlined that the modern Birmingham Police Department prides itself on protecting peaceful protesters of all kinds, no matter their beliefs, skin color or other characteristics.
England and Rep. Allen Farley (R-McCalla) both called for the bill to be sent to a subcommittee; Judiciary Chairman Jim Hill (R-Moody) ultimately acquiesced to that request, while stating HB 445 would be back on the full committee’s agenda on March 17.
Farley generally supports the bill but wanted further, candid conversations to be had about the sensitive issues raised during the committee meeting. He underscored the diverse backgrounds, experiences and perspectives of the committee membership.
“Let’s make this a stronger bill,” said Farley.
However, Rep. John Rogers (D-Birmingham) told Yellowhammer News after the committee meeting that he has no confidence that the subcommittee will substantially improve the bill, which he said is the worst piece of legislation he has ever seen. Rogers, 80, has served in the House since 1982.
“I don’t trust the subcommittee,” Rogers concluded. “If they try and force the bill out, they’re going to tear the whole session up. The session will be ruined once they bring that bill back. I don’t care what form it comes back. It’s going to tear the whole session up.”
Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn
