By David Chesanow, JTNews Correspondent
OLYMPIA — Anti-Defamation League—inspired bills targeting hate groups and others that commit violent civil disturbances passed committees of both houses of the state Legislature on Tuesday.
HB2505, introduced by Rep. Al O’Brien (D-Mountlake Terrace) passed the House Criminal Justice and Corrections Committee by a 7-0 vote. A parallel bill, SB6451, introduced by Sen. Adam Kline (D-Southeastern Seattle) narrowly passed the Senate Judiciary Committee later the same day.
If enacted, the legislation, which is supported by the Jewish Federation, will make it a felony to knowingly train a person with the intent to commit a civil disorder, defined as “any public disturbance involving acts of violence by assemblages of three or more persons that causes an immediate danger of, or results in, damage or injury to the person of any other individual.” Idaho, Montana, and Oregon have such statutes already.
Speaking before the House Criminal Justice and Corrections Committee on Friday, O’Brien stated: “What we’re talking about is teaching people to use techniques or devices to do harm, to create property damage or to cause death in civil disturbances…situations like WTO, for example.” He noted that “because the states around Washington already have this law in place…WTO-type individuals came together on Washington soil and trained to do acts of terrorism…during the WTO demonstrations.”
The closeness of the Senate committee vote reflected lawmakers’ concerns that nonviolent acts of civil disobedience could be punished under such a statute, according to Brian David Goldberg, executive director of the ADL’s Pacific Northwest regional office.
At the House committee hearing on Friday, Diane and Dennis Haynes of Poulsbo expressed similar objections. Diane Haynes observed that, unlike the Senate bill, the House bill refers to property: “When we add property, what we do is take away from our ability to civilly disobey, because sometimes property does get involved in civil disobedience.” She also questioned how a person teaching violent tactics would be identified: For example, would a person be liable if he recommends a Web site to someone who intends to use that information to commit violence?
Dennis Haynes also had doubts about enforcement of such a law. “I’m afraid, the way this is written now, it may well be used to target lower-income minorities — it’ll work as a great tool against gangs — and it’ll actually have very little to do with its main purpose,”
he said. “I think the purpose is laudable; I don’t this bill will achieve it.”
Brian Goldberg subsequently testified before the committee that “this bill does not address penalties for committing a civil disorder…but, rather, fills a gap in our current state law regarding those that provide training with the knowledge and/or intent for people to commit a [violent] civil disorder, or those that participate in the training with the intent to commit that civil disorder.” The safeguard, he added, is that “intent is a very difficult element to prove in any case, but in criminal cases the standard of proof is beyond a reasonable doubt, which is the highest standard in our legal system.”
Diane Baer, a lay leader with the ADL, spoke next. “If it’s more difficult for [violent] groups to train in Oregon or Idaho, there’s a good chance that they’ll consider crossing the state line into Washington to carry out this training,” she said, reiterating Rep. O’Brien’s earlier assertion. “Passing this bill will remove the incentive for these groups to come to our state, I believe.”
ADL researcher Rebecca Jacobs told the committee of the 1993 arrest of Aryan Nations members from northern Idaho and Spokane who planned to blow up the Tacoma headquarters of the NAACP. An informant alerted law enforcement to the plot, and the heavily armed group was arrested as they drove west on I-90 to perpetrate the attack. If the informant had been mistaken or unaware of a change in schedule, the attack might have taken place.
“Had this bill been in effect, once the state patrol had become aware of the training activity, they would have been able to arrest those involved,” Jacobs said.
Asked why the bills are a Jewish issue, Brian Goldberg replied that the legislation is important to the African American community and other minorities as well, but that the Jewish community “continues to be a target of violent extremist activity. We saw the escalation from just graffiti and words to the attempted arson at the Tacoma synagogue [in September]. Clearly since Sept. 11 we’ve also seen an increase in violent activity from violent extremist groups on the left as well as on the right.”
Addressing the civil liberties concerns, he said: “I want to emphasize: This [legislation] is regarding violent extremist activity, which is not protected speech.” The ADL, he said, “is concerned with civil liberties and civil rights as a civil rights organization.”
Remy Trupin, government affairs director of the Jewish Federation of Greater Seattle, said he is working with the ADL, “moving the legislation forward and finding sponsors of the bill.” He said that while the federation is primarily a social services agency, “we also do things on human rights issues, communal issues, on behalf of the Anti-Defamation League.”
The next step is that the bills go to the respective rules committees; if voted through, they will go to the full Senate and House for a vote.
Brian Goldberg is optimistic: “It’s a very bipartisan bill: We have lots of co-sponsors on both sides of the aisle.” While acknowledging that much remains to be done, “we’re very, very hopeful,” he said.