Controversial “Domestic Terrorism” bill moves forward in OR legislature

Despite opposition from civil liberties organizations who say bill has potential to criminalize protest and chill social justice activism

For Immediate Release
April 3, 2023

Press Contact
Sarah Alvarez, 541-687-9180, salvarez@cldc.org
Nick Caleb, 541-891-6761, nick@breachcollective.org

Salem, Ore. - House Bill 2772 advanced out of the House Committee on Judiciary in the Oregon State Legislature today despite growing opposition from climate, environment, and civil liberties organizations that have raised concerns about the potential for abuse and the lack of community engagement. Civil liberties organizations including the American Civil Liberties Union (ACLU) of Oregon and the Civil Liberties Defense Center (CLDC) have registered their formal opposition to the bill citing the high likelihood of abuse by law enforcement and a lack of engagement with Oregonians who have disproportionately suffered the impacts of over-policing, including BIPOC communities, houseless individuals, and activists.

Advocates have repeatedly pointed out that HB 2772 encompasses offenses already criminalized under Oregon statutes, including but not limited to Oregon’s first degree criminal mischief statute (ORS 164.365), which makes it a felony to do damage to “the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public” or “[b]y means of an explosive”.

“I’m concerned at labeling things that are already illegal as “domestic terrorism”. “Terrorism” is a shorthand to vilify people,” said Representative Farrah Chaichi (D - District 35) before voting against the bill (@ ~1:04 of video). “I don’t think that it’s out of the realm of possibility for this to be misused when we see that in the last year or two our own state has been sued by environmental activists for illegal surveillance.”

Environmental and social justice organizations including Rogue Climate, 350 Deschutes, 350 PDX, 350 Eugene, Sunrise PDX, Oregon Physicians for Social Responsibility, Breach Collective, and others have also voiced opposition, highlighting the long history of protest in Oregon as being critical to the advancement of bedrock environmental, public health, and racial justice reforms and how this legislation could be used to chill this activism.

“Prosecutors providing assurances that a new terrorism law will only be used in the most narrow and responsible ways in Oregon doesn't ease my worries in the least,” said Nick Caleb, Climate and Energy Attorney at Breach Collective. “If this tool exists in Oregon, it’s only a matter of time until it is put to use to chill the activities of environmental, climate, racial, and social justice activists.”

The bill is advancing even as there is widespread national controversy about the abuse of domestic terrorism charges against protestors in the “Stop Cop City” movement in Georgia. Currently, 42 activists have been charged with domestic terrorism charges for participating in non-violent protest against a proposed police training center–some have been held without bail. 

“Laws that attempt to criminalize “terrorism” have been historically used to justify stifling protest and dissent that the government doesn’t like,” said Sarah Alvarez, Staff Attorney at the Civil Liberties Defense Center. “You can look to the State of Georgia as an example for why people are concerned. Their lawmakers passed a domestic terrorism law, explicitly to target mass shootings and bombings, but so far it has almost exclusively been weaponized against forest defenders and racial justice advocates.”  

“At the federal level, we have seen law enforcement designate ‘eco terrorism’ as a top threat despite the fact that not a single fatality has been attributed to environmental activists,” said Daniel Johnson, an organizer with Cascadia Forest Defenders. “There is now a decades-long history of law enforcement using laws like HB 2772 to unjustly imprison and vilify environmental and animal rights activists.”  

HB 2772 will now advance to the Joint Ways and Means Committee chaired by Senator Elizabeth Steiner and Representative Tawna Sanchez. 

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