Governor introduces legislation to penalize obstructing public access

Governor Mike Dunleavy introduced legislation Wednesday that addresses concerns related to persons who obstruct access to public places and organizations that encourage and conspire with them.

HB 386 (SB 255) seeks to enhance public safety by imposing penalties for obstructing highways, navigable waterways, airport runways, and other public places specifically in situations where there is a significant risk of physical harm or interference with emergency response efforts.

The legislation also addresses civil liability of persons and organizations that conspire with or encourage anyone who engages in public obstruction.

If passed, any person who violates the regulation adopted under this chapter is punishable, upon conviction, for each offense by a fine of not more than $500, or by imprisonment for not more than six months, or by both.

Other civil damages and criminal penalties provided by law include:

(1) $10,000 to a person who suffers only nominal damages;

(2) $50,000 to a person who suffers injury to property;

(3) $100,000 to a person who suffers bodily injury; and

(4) $500,000 to a person who suffers death.

The law would also extend to any person or persons directly or indirectly involved, either by words or action, or those who aid, encourage, or authorize the conduct, participates in the conduct; directs, advises, encourages, or solicits another person to engage in or participate in the conduct; or conspires to engage in the conduct.

Other key provisions of the bill include:

Increased penalties for obstructing highways and navigable waterways; criminal liability for obstructing airport runways; the establishment of a new crime of obstruction in public places; the creation of a new civil cause of action for individuals obstructed in public places, with provisions for damages in addition to compensatory and other damages; and the extension of liability to persons and organizations that conspire with or encourage obstruction in public places.

"This legislation ensures that our public spaces remain safe and accessible for all Alaskans,” said Governor Mike Dunleavy. “It is important to distinguish between peaceful expression of rights and actions that pose risks to public safety and emergency response efforts."