Ron DeSantis Says Drivers Have Right to Hit Protesters-Is He Right?

Miami Herald

a day ago

Florida Governor Ron DeSantis has been accused of "overstating the protections that drivers have" if they hit individuals who surround their vehicles during a demonstration.
Tray Gober, the managing director of the law firm Lee, Gober & Reyna, told Newsweek that the governor appeared to "conflate civil protections with criminal immunity" and risked "sending a dangerous message."
Since June 6, Los Angeles has been rocked by a series of protests against Immigration and Custom Enforcement raids. Some of the demonstrations have turned violent, with individuals burning vehicles and throwing rocks at the police. In response, President Donald Trump ordered the deployment of 4,000 National Guard soldiers and 700 Marines against the wishes of California Governor Gavin Newsom. Anti-ICE protests have since spread to other cities, and Texas Governor Greg Abbott has also deployed National Guard troops in his state.
On Saturday, the Trump administration is holding a military parade in Washington, D.C., to commemorate the 250th anniversary of the U.S. Army. The "No Kings" movement has organized more than 1,500 demonstrations across the country to take place on the day, which is also Trump's 79th birthday. A large number of protests nationwide could mean increased interactions between drivers and people demonstrating on roads.
During an appearance on The Rubin Report on Wednesday, DeSantis said drivers could legally hit demonstrators with their vehicles if fleeing for their safety.
"We also have a policy that if you're driving on one of those streets and a mob comes and surrounds your vehicle and threatens you, you have a right to flee for your safety," DeSantis said. "And so if you drive off and you hit one of these people, that's their fault for impinging on you."
Gober, who has worked as a criminal defense attorney and covered civil cases involving vehicle collisions, said the governor's comments were based on a misunderstanding of the law.
"Governor DeSantis' comments appear to conflate civil protections with criminal immunity, which are distinct in both intent and effect," Gober said. "Florida's HB 1 passed in 2021 provides an affirmative defense in civil lawsuits for injuries caused to someone 'acting in furtherance of a riot.' But that is not the same as granting drivers a carte blanche to hit protesters without consequence."
In 2021, DeSantis signed House Bill 1, nicknamed the "anti-riot" bill, into law. The legislation grants drivers some civil protection if they hit protesters with their vehicles while feeling threatened but not criminal immunity.
"In a civil context, the Florida statute (HB1) provides that if a person is injured while participating in a riot, and they then sue for damages, the defendant can raise the plaintiff's riot participation as an affirmative defense," Gober said, adding: "In a criminal context, HB 1 does not create blanket immunity for drivers who injure protesters. Florida criminal law still requires that use of force is justified only when it meets the legal standard for self-defense."
"So while DeSantis's rhetoric suggests a driver can simply 'drive off' and harm someone without legal risk, that's not what the law actually says," he continued.
Gober added, "DeSantis is overstating the protections drivers have. The law he's citing offers limited civil protection in very specific cases. It does not give blanket criminal immunity for injuring or killing protesters. It also risks sending a dangerous message that civil unrest justifies indiscriminate harm."
Bryan Griffin, Florida Governor Ron DeSantis' communications director, told Newsweek: "It's simple: don't protest in Florida by blocking traffic or threatening people in their cars, and you won't have a problem. Even you Newsweek activists and your Experts™ should be able to keep that straight."
Lorella Praeli, a co-president of Community Change Action, which is backing Saturday's protest, previously told Newsweek: "Look around-Trump and his allies are deploying the tools of authoritarianism: silencing dissent, targeting immigrants, punishing oversight, and even staging military displays for personal glorification. These aren't isolated incidents; they're part of a broader effort to delegitimize democratic norms.
"This isn't normal. It's manufactured chaos, designed to instill fear and consolidate power. When a sitting U.S. Senator is handcuffed for asking a question, it should be a five-alarm fire for anyone who believes in democracy. We have to name this moment for what it is-and organize with the clarity and courage it demands."
Demonstrations are expected across the U.S. on Saturday. Organizers of the No Kings protests have said: "All No Kings events adhere to a shared commitment to nonviolent protest and community safety. Organizers are trained in de-escalation and are working closely with local partners to ensure peaceful and powerful actions nationwide."
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