Home | About | Donate

Anti-Pipeline Kayaktivists Hit With Felony Charges Under Lousiana's New ALEC-Inspired Law That Criminalizes Protest


#1

Anti-Pipeline Kayaktivists Hit With Felony Charges Under Lousiana's New ALEC-Inspired Law That Criminalizes Protest

Jessica Corbett, staff writer

Three kayaktivists who oppose construction of the Bayou Bridge Pipeline—the tail end of Energy Transfer Partner's Dakota Access Pipeline—are reportedly the first people to be charged with felonies under a new Louisiana law that, like a model bill crafted by the right-wing American Legislative Exchange Council (ALEC), criminalizes peaceful protests of fossil fuel projects.


#2

The law certainly sounds unconstitutional.


#3

I guess we’ll find out if kidnaping is still illegal, and whether we still have a constitution.


#4

If this assertion of fact (that these kayaks were in navigable waters) can be proven, then the rights and liabilities of the kayakers and the state are subject to the laws of Admiralty and the state’s ability to regulate activity upon navigable waters are preempted by federal jurisdiction over navigable water ways and the case would need be dismissed, although it may take the order of a Federal court to make this determination.

I do hope the lawyers involved know this and take advantage of this legal concept, as it would prevent the state from asserting jurisdiction over those charged, again, assuming the factual basis can be proven.


#5

And so the conflict escalates. Typically there is a generation or so of nonviolent resistance by people who were used to the assumptions of a relatively constitutional society. And then various other sorts of actions start to happen.