North Carolina Gov. Roy Cooper announced Friday that he would not use his veto stamp on a law increasing penalties for rioters after blocking a similar bill in 2021.
The GOP-controlled Legislature sent the bill to the governor’s desk last Thursday after it passed a bipartisan vote in the House and Senate. The Democratic governor had until Monday to sign into law or veto the bill, which was proposed following the nationwide unrest in 2020 following the death of George Floyd.
Although Cooper said he would not veto the bill, he announced the legislation would go into effect without his signature, according to The Associated Press. The decision means Cooper may delay an override by state legislatures as lawmakers have become more Republican since vetoing it in 2021.
Cooper’s decision not to veto the law irritated social justice advocates, who claim the measure restricts the right to protest and freedom of expression, even though penalties only increase for violent rioters, not peaceful protesters.
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Democratic North Carolina Gov. Roy Cooper speaks to The Associated Press during a year-end interview at the Executive Mansion in Raleigh, NC, December 14, 2022. (AP Photo/Hannah Schoenbaum, file)
In a press release, Cooper said that changes “were made to change the effect of this legislation” after the veto two years ago, but the governor said he still had concerns about the language.
“Property damage and violence are already illegal, and my continued concerns about the erosion of the First Amendment and the disparate impact it will have on communities of color will prevent me from signing this law,” he said.
In 2021, the state of Tar Heel had enough Democrats in the House and Senate to uphold the veto on the first insurgency bill, but now the Republican-controlled Senate has the power to override a veto. The House of Representatives only needs one Democrat vote to have the same advantage.
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North Carolina House Speaker Tim Moore addresses the Supreme Court in Washington on December 7, 2022. (AP Photo/Andrew Harnik)
Six House Democrats, including a major sponsor of the bill, voted in favor of the measure in February. In the Senate, lawmakers passed the bill last Thursday by a vote of 27 to 16 — first-term Senator Mary Wills Bode was the only Democrat to vote in favor.
House Speaker Tim Moore made a strong case for this year’s bill as well as 2021, citing the rioting and looting he witnessed in downtown Raleigh in June 2020. Moore said current laws are not a sufficient deterrent to protect the public and property.
“Those who hijack otherwise peaceful demonstrations to cause chaos and destruction in our communities must be held accountable,” Moore said after Cooper’s announcement Friday. “Our communities will be safer now that this law finally becomes law.”
The AP reported that nearly 30 groups had written to the governor over the past week, urging him to veto the measure, claiming it would intimidate people to speak out at peaceful protests for fear of wrongful arrests.
“Laws like this have often been used to target peaceful protesters, particularly minorities and those fighting racial oppression,” said Sam Davis of the American Civil Liberties Union of North Carolina. “We are disappointed that Governor Cooper chose not to veto this unnecessary and unconstitutional law.”
Earlier this month, Moore and other supporters said the bill aims to protect the First Amendment rights of peaceful protesters and protect them, law enforcement and property owners from violence during a riot.
PROTESTS, CIVIL UNREST THAT REACHED THE US IN THE POST-GEORGE FLOYD ERA
CMPD officers use a stun grenade during a demonstration calling for an end to police brutality in Uptown Charlotte, North Carolina on June 2, 2020. (LOGAN CYRUS/AFP via Getty Images)
The new law, which goes into effect in December, increases the penalties already in place for those who take part in or incite a riot to cover more serious circumstances such as brandishing a gun or causing serious bodily harm – potentially leading to them longer prison sentences.
New crimes will also be created for a rioter who caused death or someone who incites riots that contribute to death, and attacks on responders will result in higher crime penalties. The bill also allows owners who suffer damage during protests to seek compensation of up to three times the monetary damage from a perpetrator.
Finally, defendants charged with rioting or looting must wait 24 hours before their liability and pretrial release rules are determined.
Protesters pelt police with tear gas on Saturday, May 30, 2020 in downtown Raleigh, NC (Ethan Hyman/Raleigh News Observer/Tribune News Service via Getty Images)
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Cooper said Friday that lawmakers were discussing positive changes to the bill, but he was still “concerned that this bill will legalize unfair treatment for those who need protection.”
Since then, nine states have passed similar laws destructive riots 2020, according to the International Center for Nonprofit Law.
The Associated Press contributed to this report.
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