Thread by @davidHRLC

EXPLAINER: Why people are worried about SA's new anti-protest laws, and why you should be too.
A thread:
👩🏾‍⚖️ What these laws do: they increase the penalties for "obstructing a public place" So let's start by defining what a public place is at law
#ProtectProtest #AusLaw #AusPol

S4 Summary Offences Act SA defines it as:
👩🏾‍🦽A place to which free access is permitted to the public (like parks, civic squares etc.)
🎞️A place to which the public are admitted on payment of money (stadiums or cinemas etc)
🛣️ A road, street, footway etc.
legislation.sa.gov.au/lz?path=%2Fc%2…

Now to the changes in the Bill rammed through the SA Lower House. This is what they do:
⛔️Increase penalty for obstruction of a public place from $750 to $50,000. A 60-fold increase to the maximum penalty. Just wild.

🚫Defendants could be criminally responsible for direct obstruction of a public place, but also any indirect obstruction that is caused by emergency services responding to their obstruction.

👮🏾‍♀️Police and emergency services could send defendants the bill for ‘reasonable costs’ of emergency services dealing with the obstruction.
🚨This is on top of any other penalty that a court may impose, like a fine ($50k max) or prison time (3 months max).

✊🏾 The laws also make the offence of obstructing a public place easier to prove- so it'll cover a whole lot more people.

🪧 Previously the conduct would have to be wilful blocking of a public space, now the blocking of a public space only has to be *intentional* or *reckless*

THESE LAWS ARE NOT ONLY ABOUT PEOPLE PROTESTING! Anyone in public space in SA could be caught by these laws. For example:
⚠️ People sleeping rough on a footpath or park
⚠️ First Nations protest for land justice (First Nations people existing in public let's be honest)

⚠️ Anyone handing out pamphlets in Rundle Street Mall about the harms of gambling
⚠️ Working people and their unions demanding better pay and conditions
⚠️ People with disability who may refuse to leave a venue that isn't providing them reasonable adjustments to provide service

⚠️ Anyone who doesn't have the capacity to understand they may be blocking a public place, for example folks with cognitive impairment, or neurodiverse folks.

🚨 These laws will have a chilling effect on protest in SA, but it’s important to note that they will *not* just catch protest activity but -any- obstruction of a public place by anyone. This is why the SA Legislative Council must block these laws.

👉🏾 Knowing what we know about police/ the criminal legal system, it’s people who are over targeted by the system who stand to be caught by these laws more than most- not just protesters.

That's why ppl are worried- and that's why you should be too. #ProtectProtest