Businesses could claim damages for protest vandalism under this Ohio bill
COLUMBUS, Ohio (WCMH) — A Statehouse legislator has again proposed a bill that would establish civil penalties for protestors, allowing Ohio businesses to collect damages if their building is vandalized during a protest.
Senate Bill 53, introduced in February by Sen. Tim Schaffer (R-Lancaster), would allow any person who suffered injury or loss due to protest vandalism, like a business owner, to pursue a civil court action against a protestor and recover compensatory damages. The person or business owner would be required to prove that the accused protestor is the one who caused the damage to their property.
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The legislation, which is similar to past bills Schaffer has introduced, would also create civil liability for those who give out 'destructive materials,' like frozen water bottles or a pallet of bricks, to other protestors to damage a building. Compensatory damages for such actions could include damages for emotional distress, court costs and other fees related to the civil court action.
Schaffer argues the bill would demonstrate that 'this sort of behavior should not be tolerated and should be prosecuted,' which he said is needed given the 2020 protests in Ohio cities after George Floyd was killed by former Minneapolis police officer Derek Chauvin. The lawmaker cited a Columbus Dispatch report that found at least 115 businesses, nonprofits and government offices were affected by the protests in Columbus. Watch a 2020 NBC4 report on the George Floyd protests in the video player above.
'Over the past several years, we have seen how violence has taken a toll on communities and the damage riots have caused,' said Schaffer during the bill's first hearing on Feb. 19. 'We need to hold accountable those who act to harm or damage property and ensure that they are the ones paying for these actions, not the local taxpayers and businesses.'
The proposal would also prohibit government officials from limiting or restricting the authority of police officers 'to take action to quell, arrest, or detain individuals involved in a riot.' However, Sen. Paula Hicks-Hudson (R-Toledo) expressed concern during the hearing for this provision and asked if it's the bill's intent to possibly curb a mayor from directing their police chief to take certain action during a protest.
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Schaffer said that type of scenario was 'the prime example,' and argued that police at the scene of a protest should make those decisions, not an official like a mayor. The lawmaker said, 'officers on the ground, officers at the events, trying to restore peace have the best judgement of anybody as to what actions they should take.'
In his testimony, Schaffer argued that S.B. 53 wouldn't discourage or violate Ohioans' First Amendment right to peacefully protest. Rather, the bill is 'designed to hold those who turn violent and destructive accountable for their actions.'
S.B. 53 has been assigned to the Senate Judiciary Committee, where it could receive additional hearings open for public testimony.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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