SB 53: New civil cause of action against protesters and supporters

Would make protesters, organizers, and funders civilly liable for damage and injury even if they did not personally cause it. Under the bill, someone whose property is damaged or who is injured as the result of a “riot” or “vandalism” offense could sue anyone who engaged in the offense. They could also sue “any person or organization who provided material support or resources with the intent that the material support or resources would be used to perpetuate” the offense. A civil suit under the bill could proceed regardless of whether the defendant was charged or convicted of committing “riot” or “vandalism,” and damages would include repairing the property or injury, as well as providing compensation for emotional distress, court costs, attorney’s fees, and “other reasonable expenses.” Ohio’s definition of “riot” requires only five people engaged in “disorderly conduct” with an unlawful purpose – to commit a misdemeanor, to impede a government function, or “hinder” the “orderly process” of administration or instruction at an educational institution. “Disorderly conduct” is likewise broadly defined as “recklessly caus[ing] inconvenience, annoyance, or alarm to another,” through means including “making unreasonable noise” or “hindering” movement of people on streets. As such, if the bill were enacted, participants in noisy or disruptive but nonviolent protests, as well as people and organizations that support them, could face expensive lawsuits. The bill also bars government officials from limiting law enforcement's authority to quell a "riot" or "vandalism," or to arrest or detain individuals involved in either offense. The same bill was introduced as SB 267 in the 2023-2024 session.

Status: pending

Introduced 28 Jan 2025.

Issue(s): Civil Liability, Protest Supporters or Funders, Police Response, Riot