By Halena Sepulveda at Kent State University
Broadcast version by Mary Schuermann reporting for the Kent State-Ohio News Connection Collaboration.

A bill currently making its way through the Ohio legislature could increase the penalties for people arrested while protesting in the state.

Ohio House Bill 109 would create three new felony charges of "riot assault," "riot vandalism" and "bias motivated intimidation." These charges are fifth-degree felonies, and can be raised up to third-degree felonies if the alleged assault results in the injury of a law enforcement officer.

The first two charges would intensify the penalties for offenses like rioting and disorderly conduct. "Bias motivated intimidation," a new charge, would make it a felony to cause harm to a person or their property because of their status as a first responder.

The legislation is one of several bills written as a response to protests that occurred during the summer of 2020. It has seen significant partisan support from Ohio's Republican State Representatives after it was introduced by primary sponsors Rep. Sarah Carruthers (R-Hamilton) and Rep. Cindy Abrams (R-Harrison) in February.

"As a former Cincinnati Police officer, this bill hits close to home," Representative Abrams said via email. In 2001, she served as a member of a 15-officer response team that responded to civil unrest.

"The violent actions of a few bad actors place everyone at risk - peaceful protesters, community members, and law enforcement," Abrams wrote. "HB 109 ensures that the individuals seeking to harm others during these mass gatherings are held accountable."

Opponents of the bill argue that it threatens the First Amendment rights of Ohioans. Gary Daniels, chief lobbyist for the ACLU of Ohio, says organizations that plan or promote protests and demonstrations could be at risk.

If violence breaks out at any level during a protest, the organization that promoted or planned the event could be in violation of HB 109 and Ohio's corrupt activity laws, which involve the engagement or attempted engagement in conduct defined as "racketeering activity"

"All the years that I've been doing this work, I haven't seen a bill as bad as this with regard to free speech rights," Daniels said.

Ohio is currently in the second year of its two-year legislative session, which will end in December 2022. House Bill 109 passed in Ohio's House of Representatives and is waiting on a decision from the Senate. If the Senate approves the bill, it will go to Gov. Mike DeWine for a signature or veto.

The legislature will adjourn for recess during the beginning of June and will reconvene in November.

"I am working with my colleagues in the Ohio Senate and across the aisle to pass this bill and have high hopes HB 109 will be signed into law by the end of the year," Abrams said via email.

Ohio defines a riot as a group of four or more people who gather and violate disorderly conduct codes, intending to commit a misdemeanor or prevent a public official from doing their job.

Organizations like the ACLU of Ohio are concerned of what the passing of HB 109 will mean for future protests and the right for Ohioans to assemble for causes they care about.

"I think the result for an awful lot of people is they are just going to simply stop speaking, stop participating, stop planning, stop demonstrating," Daniels said.

This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.




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Opponents of an Iowa Supreme Court decision they say makes it almost impossible to sue corporate farms over pollution, are encouraging landowners to collectively voice their concerns.

Iowa Citizens for Community Improvement is making that plea following last week's ruling, which reversed a previous legal opinion that property owners could sue operators over factors such as water pollution and odor problems.

The group's executive director Hugh Espey said it essentially shows the state prioritizes corporate interests and not the concerns of residents.

"This ruling kowtows to the corporate ag industry," said Espey. "And this is an industry that pollutes our air and water. It pushes family farms out of business."

The court says "protecting and promoting livestock production is a legitimate state interest."

Lawsuits can still be filed against confined animal feeding operations, or CAFOs. However, certain criteria has to be met.

Some estimates peg Iowa's number of CAFOs at roughly 10,000.

Meanwhile, Espey said landowners voicing their concerns in a collective way could help get the attention of policymakers. He said showing up at the ballot box helps, too.

"You gotta look at the candidates running for office," said Espey. "Where do they stand on this issue?"

In Iowa, Supreme Court justices are appointed by the governor. Republican incumbent Gov. Kim Reynolds is up for re-election this fall.

The issue of landowner rights has come up in other ways in this region as some companies try to secure property for proposed underground carbon dioxide pipelines.

The 95-year-old Texan known as the "grandmother of Juneteenth" will celebrate this weekend, as she has for the past nine decades, but with the added knowledge she was instrumental in securing the date as a federal holiday.

Opal Lee decided to walk from her home in Fort Worth to Washington, D.C., six years ago, to raise awareness about the significance of Juneteenth. Lee traveled about 2.5 miles each day to symbolize the two-and-a-half years Black Texans waited for their freedom after Abraham Lincoln abolished slavery in 1862.

Lee said she has heard the many stories about why it took so long for news of the Emancipation Proclamation to reach Texas, but she prefers to think about what it meant to her ancestors.

"And when the people came in from their labor, and somebody read that general order to them, we started celebrating," Lee remarked. "And we've been celebrating ever since."

In 2021, President Joe Biden signed a bill making Juneteenth a national holiday, which means federal and some local offices will be closed, as will banks and the U.S. Post Office.

Even as a child, Lee spent Juneteenth picnicking with her family in her predominantly white Fort Worth neighborhood. At age 12, she watched a mob of 500 white supremacists burn her family's house to the ground, with no arrests made. She said the experience led her to a life of teaching, activism and most recently, campaigning.

"If people have been taught to hate, they can be taught to love," Lee asserted. "I want them to know that freedom is for all of us. None of us are free until we're all free."

And Lee believes many more problems in America could be solved if everyone pulled together.

"We need to address joblessness and homelessness, and everybody needs a decent place to stay, and climate change" Lee outlined. "There are so many disparities that, if we work together, we can eradicate."

Juneteenth celebrations will include freedom tours, reenactments, parades, concerts and more.

Voting-rights groups in Michigan are working to increase awareness about and access to voting in jails.

In Michigan, anyone not serving a prison sentence is eligible to vote, although there are barriers often making it nearly impossible for those in jail pre- or mid-trial. They may not be fully aware of their voting rights, and lack internet access and the materials needed to learn about candidates and issues, or to register and cast a ballot.

Local groups are working to increase voter outreach in jails, and advocating for policies to make it easier.

Percy Glover, member of the Voting Access for All Coalition and a Genessee County Ambassador, explained part of the challenge of getting people in jail reconnected with voting.

"Being in jail and being in prison is very destructive on people. They doubt the system. They don't trust the system," Glover pointed out. "Some of them may have been also wrongfully arrested, wrongfully detained, so why would I be interested in voting?"

Glover urged educating eligible voters in jail, and building out jail-based voting systems across all county jails in Michigan. He also hopes Michigan will follow Maine, Vermont and Washington, D.C., in allowing people in prison to vote as well.

Amani Sawari, justice services director for Spread the Vote, which is partnering with Michigan to create a "vote-by-mail in jail program" program. They help with voter registration by paying for expenses required for jailed voters to obtain an ID, and providing stamps, envelopes, forms and voter guides.

"Our goal is to create if not an in-person program, at least a remote process for jailed voters," Sawari emphasized. "To not only register while incarcerated, but to also receive their absentee ballot to their place of incarceration, so that they can fully participate in voting."

Other states where Spread the Vote is working to facilitate jail-based voting include neighboring Wisconsin and Indiana. As Juneteenth approaches this Sunday, the Voting Access for All Coalition is spotlighting the ways social issues like poverty and race are intertwined in the criminal legal system as well as affecting voting rights.

Support for this reporting was provided by The Carnegie Corporation of New York.