BATON ROUGE, La. — A couple of bills are moving through the state house and senate that critics say raise alarms and could put pedestrians at risk.
House Bills 383 and 355 limit the liability of motor vehicle operators for harm caused to certain persons who are injured while illegally blocking a road or highway.
The bill's author, State Rep. Jack "Jay" William Gallé, Jr., said in a hearing that the bill aims to protect drivers who fear their lives are in danger by a crowd blocking the roadway. He referenced a rise in protests across the country as an example.
“If a driver in a motor vehicle comes along an illegal road blockage and they feel like their lives are in danger, they can push through that crowd as a means to escape,” said Galle.
Critics of the bill say it is too vague and could have unintended consequences.
“If an individual comes across a parade,” said State Rep. Alonzo Knox, " particularly a second line, and they feel threatened or a certain group of people seems intimidating to them, they may just want to plow through that second line.”
Representative Candace Newell says the bill, as written, infringes on the cultural rights of New Orleans residents.
“We do a lot that is in the streets just out of convenience, and that is our neighborhood. That is where we live and so you do things that is close to where you are,” she said. “Are we just making it open season on pedestrians with no just cause?”
Before HB383 passed the House last week, Galle responded to legislators who asked what constitutes the level of fear that a driver should have.
“If they are late for work and are aggravated, this bill doesn’t release any liability,” he said. “If they are just simply angry, it does not release any liability.”
HB 383 was passed with an amendment to include the language “If there is no other option.”
In a statement to WWL Louisiana, Rep. Alonzo Knox said the following.
It's evident that HB 355, in its current form, allows individuals to plow through blocked roadways if they "believe" their life or that of their passenger is in immediate danger, without requiring them to attempt alternative routes or maneuvers.
The absence of provisions for avoiding blocked roads raises concerns about discerning between legal and illegal blockages. That is, how does the driver make that determination? This ambiguity becomes particularly problematic in situations like impromptu funeral processions or second lines or parades, where legality might be unclear. As a result, drivers approaching such scenarios could potentially bypass attempts to navigate around the blockage, posing safety and legal challenges.
I've reached out in good faith, and in the spirit of compromise, to the author to request that he defer the bill in order to refine its language and improve its current posture. His general premise has some merit: unfortunately, it’s not reflected in his bill. Thankfully, he has agreed to this approach.
► Get breaking news from your neighborhood delivered directly to you by downloading the new FREE WWL-TV News app now in the IOS App Store or Google Play.