Geneva state Rep. Ugaste proposes stiffer penalty for protesters who block major roads

State Rep. Dan Ugaste, R-Geneva, who is running for re-election, gives a statement during a press conference introducing candidates for the 2024 primary election at the Kane County Republican Central Committee headquarters in St. Charles on Wednesday, Jan. 3, 2024.

GENEVA – A large band of protesters carrying a banner stating “32,500+ civilians killed in Gaza” and “Christians for ceasefire” blocked the Interstate 190 ramp leading to O’Hare International Airport for more than two hours Monday, April 15.

People ended up walking to their terminals, trying to catch their flights.

And that was enough for state Rep. Dan Ugaste, R-Geneva, who said the protest also blocked police, firefighters and emergency vehicles, putting lives at risk.

Ugaste on April 17 filed legislation seeking to amend the Illinois Public Demonstrations Law to make it a felony for protesters to shut down “an exceptionally busy public right of way” for more than five minutes.

“You have a right to protest and have your voice heard. You do not have the right to put others in jeopardy when you do.”

—  State Rep. Dan Ugaste, R-Geneva

House Bill 5819 seeks to make the action a Class 4 felony, the lowest level of felonies in Illinois, punishable by one to three years in prison and fines up to $25,000 if convicted.

“In watching the video of protesters who blocked the highway going to O’Hare airport, I noticed a few things,” Ugaste said. “It appears that emergency vehicles may be blocked by protesters. ... And protesters’ safety was endangered as well. You have a right to protest and have your voice heard. You do not have the right to put others in jeopardy when you do.”

The amendment addresses preventing the free passage of police, firefighters or emergency vehicles, irrespective of the time of day a road is blocked, Ugaste said.

“People need to be able to get through so they can help others in emergency situations,” Ugaste said. “We cannot have our first responders being detained.”

The 1967 state law governing public demonstrations already protects free passage on highways, noting that the movement of traffic should have “a minimum of disruption.”

The law also requires parade permits and restricts assemblage during peak traffic periods from 7:30 to 9 a.m. and 4:30 to 6 p.m. Monday through Friday.

“There are penalties already for protesting in that type of manner, but the possible repercussions are not severe enough,” Ugaste said.

Violating the current law is a Class A misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $2,500.

“This would be a deterrent that I hope never has to be used,” Ugaste said of his bill. “March somewhere else where you can march and let your voice be heard somewhere else. Some roadways and things of that nature are meant solely for transportation. If you block a major roadway for five minutes or more, if you detain first responders ... you are going to face a more severe penalty.”

Ugaste’s bill was referred to the Rules Committee.

Forty protesters were arrested for blocking I-190 and 14 others were arrested at another protest in downtown Chicago.

According to news reports, pro-Palestinian protesters blocked the Golden Gate Bridge in San Francisco on April 15, resulting in 26 people being arrested.

According to The Associated Press, New York police arrested more than 100 pro-Palestinian protesters April 18 at Columbia University, including Isra Hirsi, the daughter of U.S. Rep. Ilhan Omar, D-Minn.