Arizona House Speaker declares controversial 'protest' bill dead

• SB 1142 would have added rioting to the list of offenses that can be addressed under Arizona's racketeering statutes

Gov. Doug Ducey and the Republican leader of the Arizona House declared dead Monday a controversial bill that would punish organizers of public protests that turn violent with racketeering charges.

Senate Bill 1142's demise came as it gained national attention and was widely panned as an unconstitutional attempt to silence liberal groups protesting the agenda of Donald Trump and congressional Republicans.

Its fate was sealed over the weekend, as House Speaker J.D. Mesnard, a Chandler Republican, fielded phone calls from the public to complain about the bill. The House leader's personal cellphone number is listed on his personal website.

As he listened to the callers, Mesnard realized their belief that the legislation was intended to curb free-speech rights outweighed any merits its supporters might put forward. He carefully read the legislation and by the time he returned Monday to his office, where there were more than 100 messages about the bill awaiting him, he decided he would kill the measure.

"At the end of the day, I think the people need to know we are not about limiting people's rights," he said in an interview Monday with The Arizona Republic. "The sponsor is not about it, the governor is not about it, the government is not about that. The most efficient, expedient way to communicate that is to kill the bill.

"Optics are important and you don't ignore the fact that a bill — rightly or wrongly — is perceived as something we don't want to do," he added. "It doesn't matter what it does, this is the widespread belief about it, and the belief itself is harmful."

Rioting is already illegal under Arizona law, but SB 1142 would have expanded racketeering laws to include rioting. It would have allowed protest organizers to be prosecuted if someone else were involved in rioting — even if that individual were not part of the organizing group. The measure also could let law enforcement prosecute organizers for planning an event that could result in rioting.

Arizona bill on protests, riots and racketeering: What you need to know

Ducey, who was in Washington, D.C., Monday, departed from his self-imposed policy of not commenting on legislation until it reaches his desk to say, through a spokesman, that he "had been assured the bill is dead." His spokesman, Daniel Ruiz, said in a written statement that the governor was "pleased" the bill would not advance.

Arizona has been a frequent target of late-night monologues mocking the state's policies, politics and personalities including former Maricopa County Sheriff Joe Arpaio, former Gov. Jan Brewer and legislation ranging from immigration to religious freedom. Ducey has pledged to avoid unnecessary embarrassments that could damage the state's reputation and potential for economic growth.

Asked whether the governor had requested that the bill not advance, Mesnard said the Governor's Office "asked nothing of me."

"This decision is my own," Mesnard said.

The bill's sponsor, Sen. Sonny Borrelli, R-Lake Havasu, defended the measure in an interview with The Republic.

His intent in proposing the legislation, he said, was to go after people who turn peaceful protests into riots by causing property damage. He dismissed critics’ claims that protest organizers could face RICO investigations if events turn violent.

“How can they be held responsible for a crime they did not commit?” he asked. Borrelli complained his bill had been widely misunderstood due to liberal “spin jobs.”

"If the governor doesn’t want to have the conversation, fine," Borrelli said after learning of his bill's demise from a Republic reporter.

"First I've heard about it," he said when told Mesnard would not assign the bill to a House committee. He declined further comment, saying he wanted to talk first to Mesnard.

Arizona's 17 Republican senators voted for SB 1142, pointing to last month's violent riots in Washington, D.C., among the peaceful demonstrations after Trump took office, as well as the Berkeley, Calif., riots sparked by a scheduled campus appearance of right-wing provocateur Milo Yiannopoulos that was then canceled. Republican GOP senators claimed the paid protesters were to blame for some of the violence.

Borrelli has said the bill would target those who pay agitators who turn violent, but he did not provide examples of that having occurred.

Democrats, the minority party, voted against the measure, saying the state already has laws in place to address rioters. And, they said, the legislation would chill public speech.

Democratic Sen. Steve Farley of Tucson called the legislation "toxic" and said it brought unwanted attention to the state.

"It's a long line of black eyes nationally," he said, citing past immigration and religious-freedom legislation.

Follow the reporter on Twitter @yvonnewingett and reach her at yvonne.wingett@arizonarepublic.com or 602-444-4712.