By Avery Kreemer
Dayton Daily News
COLUMBUS, Ohio — The criminal penalty for obstructing cops, firefighters and EMTs from performing their legal duties in Ohio may increase following a 79-18 vote in the Ohio House.
Under House Bill 20, anyone who ignores a warning from first responders and continues to intentionally “hamper” or “impede” a first responder performing their lawful duties could be charged with a first-degree misdemeanor — one step up from the state’s standard charge for obstructing official business.
With its passage Wednesday, the bill now heads to the Ohio Senate for further consideration.
“Whether we’re at a crime scene or critical incident, we want to give our first responders, police, fire and EMS, room to do their jobs,” joint sponsor Rep. Phil Plummer, R- Butler Twp., told his colleagues on the House floor.
”...He’s going to give you a warning. If you don’t heed his warning, they can arrest you for obstructing official business.”
The original version of H.B. 20 sought to establish a 14-foot buffer zone around any first responder carrying out their duties. That iteration would have created a new criminal offense of “harassing an emergency service responder” for anyone who ignored a warning to back away from the first responder.
That idea, brought by Plummer, R- Butler Twp ., and state Rep. Thomas Hall, R- Madison Twp ., was overwhelmingly supported by Ohio law enforcement officials, including Ohio Attorney General Dave Yost, the state’s police union, and associations representing prosecutors and chiefs of police.
The House-passed bill, however, ditches the idea and instead puts stipulations into the state’s existing laws prohibiting the obstruction of official business.
Gary Daniels, the legislative director of the ACLU of Ohio, who testified as the sole opponent to H.B. 20 during committee, framed the changes as “positive” and said his organization no longer opposes the measure.
The change was enough to sway some Democratic lawmakers, including Cincinnati’s Rep. Cecil Thomas, a retired cop.
Other Democrats maintained their opposition. Rep. Juanita Brent, D- Cleveland, questioned whether H.B. 20, specifically as to how it would increase the penalty from a first-degree misdemeanor to a second, was truly necessary.
Rep. Darnell Brewer, D- Cleveland, raised concerns that H.B. 20 might be used unfairly, particularly against Black Ohioans. “I will not support legislation that threatens to lock up the very people we are elected to fight for,” Brewer said.
Rep. Josh Williams, R- Sylvania Twp., said the bill’s warning provision would protect citizens from unduly being charged with the offense.
“I think this bill is absolutely necessary to assure that our first responders, that are trying to provide for the safety and security of our communities, have the ability to do their job without being impeded,” Williams said.
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