Arizona Republican Leader Pulls Bill Drawing Nationwide Attention Over Constitutional Rights

By Holliday Moore
Published: Tuesday, February 28, 2017 - 8:35am

An attempt to pass an anti-riot law died at the state capitol this week in the Arizona House of Representatives.

The bill had passed the full Senate along party lines last week.

It would have expanded Arizona’s racketeering and conspiracy statutes to include rioting resulting in property damage. But, it was the portion allowing the arrest and seizure of property of anyone conspiring to riot that caught the attention of critics nationwide. 

Many, including Arizona Democrats, called the legislation a chilling attempt to interfere with the constitutional right to assemble.

Whether or not it infringed on those rights, Republican House Speaker J.D. Mesnard said perception dictated it be quashed.

"And so the easiest, most expedient and most efficient way of communicating that we're not interested in taking away people's rights is to stop the bill," Mesnard said.

Supporter, Senator John Kavanagh defended SB1142 and claimed it was not aimed at peaceful demonstrators, but designed to stop violent riots before they happen. 

When asked why he assumed a riot would ensue, Kavanagh said, “I watch TV, I see young people wearing ski masks who are clearly leading the violence in riots, like in Berkeley throwing barricades through windows."

He blamed the media for distorting the truth about the proposed law. 

Democrat Senator Steve Farley said it was simply a poor solution for a problem that does not exist.