The Legality of Disrupting Traffic for Protest and Insights from Recent Chicago Arrests

Arrests of Protestors Blocking Traffic

Around 50 people were arrested for blocking traffic in Chicago’s Loop and near O’Hare International Airport who were a part of nationwide protests in support of an immediate ceasefire in Gaza. The protestors brought traffic to a standstill along the Kennedy Expressway leading to O’Hare and in downtown. Such demonstrations happened simultaneously in various major cities throughout the United States.

Travelers and Others Affected

Many travelers took matters into their own hands by abandoning the vehicles they were in, whether they were rideshares or taxis, and walking to their terminals. Some fliers managed to catch the tram to the airport via the Transit and Rental Car Facility. Others were unable to get there in time and missed their flights. The demonstrations prevented commuters to the Loop from reaching their destinations for over an hour.  

Laws Governing Interference with Traffic

Chicago Municipal Code Section9-8-190,  governs the obstruction of or interference with traffic. It states that any person who “willfully and unnecessarily hinders, obstructs or delays,” or attempts to, “any other person in lawfully driving or travelling along or upon any street, or who repeatedly causes motor vehicles travelling on public thoroughfares to stop or impede the flow of traffic will be guilty of a misdemeanor” and fined. The protestors who were arrested in the incident at hand are facing charges which are currently pending.

Rights to Protest

The First Amendment of the United States Constitution protects freedom of speech, the right to peacefully assemble, and to petition the government for a redress of grievances. This amounts to the protection under U.S. federal law to protest.  The exceptions to this include incitement, threats, and fighting words. The Illinois Constitution, Article I, Sections 4 and 5, likewise guarantees the right to protest in public places and reiterates that this right is fundamental to a healthy democracy.  

The Illinois Public Demonstrations Law declares that the maintenance of good order on highways is “a paramount responsibility of democratic government” and that “the public health, welfare and safety of the community require that the movement of vehicular traffic on such roadways be lawfully conducted with a minimum of disruption.” It further states that “the practice of unhindered or unrestrained picketing or demonstrating on such roadways has caused disruption of police, fire and emergency services, and injury to persons regardless of participation in the march, assembly or demonstration” and that doing so “on the same day in different locations in municipalities and unincorporated areas of counties has unreasonably deprived the citizens of the police, fire and emergency services.” This Act asserts that its provisions are “necessary for the protection of the health, welfare and safety of the public.”  

Conclusion

In the present situation, the protestors indeed disrupted the flow of traffic such that the exceptions to the rights to protest under local laws were clearly activated.  The Constitution likewise does not provide for the right to block pedestrian or vehicle traffic. In fact, the general public has a right to freedom of movement that must be protected.

Sources

https://www.nbcchicago.com/news

https://codelibrary.amlegal.com

https://www.ilga.gov/legislation

https://www.aclu-il.org/sites