Given by Randy Cunningham to the Ohio Senate Judiciary Committee on April 10, 2019. 

The stated motivation behind SB 33 is to protect critical infrastructure facilities – by and large oil and gas facilities – from environmentally inspired damage and vandalism.  The examples proponents give of such destruction or tampering are from out of state.  What is not mentioned is who is the greater threat to the health and safety and rights of the people of Ohio.  I think we should look at the record of the very industry that is pushing for this legislation.  A few examples will make my point. 

First, we have the destruction of the historic 1843 Stoneman House in Morrow County that was in the way of the Rover Pipeline under construction by Energy Transfer.  The Stoneman house was demolished in 2016. It ran afoul of the FERC which is a regulatory body with jurisdiction over pipelines.  Seems they forgot to get FERC’s permission before bulldozing the house.

Then we had the destruction of a pristine wetlands in Tuscarawas County during Rover’s rampage across the state. Energy Transfer dumped two million gallons of drilling mud into a wetland in Tuscarawas County in 2017. This was on top of continuous mishaps and accidents that resulted in the Ohio EPA issuing 19 violation notices against the company for various accidents that polluted streams along the path of Rover, and polluting sources of drinking water for local communities. 

We have the record of fracking gas pipelines exploding in Ohio. One of the most recent ones occurred in January in Noble County in a part of the state where numerous pipelines converge for the proposed petrochemical plastics complex being built in Belmont County.  There have been 5 such explosions in the area in the last two to three years. 

Tally up the damage done.  Then take the whole record of the oil and gas industry and all they have destroyed, damaged and polluted.  Tally up that figure.  There is no comparison. We are worrying about the wrong people. 

There is no such thing as a non-political piece of legislation. This law was written as a political document that is part of a political offensive against those movements we saw at Standing Rock.  The oil and gas industry wanted revenge and relief from those bedeviling them.  Laws such as this one gave them what they wanted.

I have a little different assessment of the intent of SB 33.  I don’t think that the supporters necessarily want to throw the opponents of the oil and gas industry in jail or sue their organizations.  That is much too crude and can backfire on you as an accumulating number of court cases being won by protesters attest to along with examples of prosecutors choosing not to prosecute for fear of the laws being struck down in court. 

The sweet spot for such laws is when they get into the heads of protesters and spread fear. It is a beautiful thing when you can get people to repress themselves. Where SB 33’s sister legislation has been passed activist organizations report that they receive calls from sympathizers who ask if they attend a meeting or go to a rally will they be arrested.  That is called a chilling effect in civil liberties law and it has been treated roughly by the courts.

SB 33 is a trick bag designed to scare and intimidate.  It is marketed as a sober and reasonable precaution against infrastructure sabotage. But that totally depends on where you are standing.

It is sort like describing a chicken dinner by only interviewing the people who ate the chicken.  No one asks the chicken how it went.  In the case of SB 33, the diners are the oil and gas industries.  The chickens are those who oppose them.

I am pleading the case of the chickens. Give them and our much praised and often disregarded freedoms a break and say no to this legislation.  

The post Oral Testimony – SB 33 appeared first on Cuyahoga County Progressive Caucus.

The post Urgent Action Needed on SB 33 – the Anti-Protest Bill appeared first on Cuyahoga County Progressive Caucus.

There is plenty of information about SB 33. The best general document on this type of legislation is available from the Defending Dissent organization – web page rightsanddissent.org.

Go tohttps://rightsanddissent.org/resource/critical-infrastructure-bills-toolkit-for-activists/

Another more focused treatment of SB 33 is provided by Earthwatch’s written statement and analysis of SB 33 that is available at the Buckeye Environmental Network’s web page under resources. Earthwatch, an environmental organization in DC, made several trips to Ohio to inform themselves about what may happen to protesters if the bill is passed.  

You can also go to the Ohio Legislative Service Commission at www.lsc.ohio.gov to find all the information you want on the bill, including the text of the bill and an analysis.    

Number 1

There is no substitute for a personal phone call or e-mail to your Ohio senator to get their attention. According to one legislator, if they get thirty or more contacts, they pay attention. For where we are at right now, the Ohio Senate is the priority. To make sure you have the correct information on who your senator is go to http://www.ohiosenate.gov/senators. Then you will be able to look up further contact information and do this vital work. Democrat or Republican, they all pay attention to this input. Tell them that you want them to vote against Senate Bill 33 when it comes to a vote. The rights and freedoms you have, must be protected – by you.

Number 2

We encourage all who wish to personally testify before the Senate Judiciary Committee to do so. It is an education in how the State House runs, and it can be fun to get in the face of the Man. Just get your words together ahead of time and realize that you will have three minutes to deliver your statement. I figure that means double spaced about three pages hard copy.

The schedule and requirements for presenting oral testimony is always up in the air, so if you are interested in presenting oral testimony e-mail me at randino49@gmail.com, give me a phone number and I will get back with you on the latest.

Now, while oral testimony can be fun, what really counts to the committee is written testimony. Such testimony becomes part of the official record of the committee on the bill. Oral testimony, while good theatre, ends the minute you step away from the podium. If you want some ideas on what to say, go to the Buckeye Environmental Network’s web site at www.benohio.organd click on resources.  

Be sure at the start or end of your written piece to put down your name, address and phone number or e-mail. Make it as long as you need to make your point. And then submit to Eklund’s email address at Eklund@ohiosenate.gov and say that you want this to be added to the written testimony.

Finally, the best way to keep abreast of what is happening is to check periodically at the www.benohio.org web site. Or you can just contact me at randino49(at)gmail.com and put in the subject heading SB 33. That will get my attention. Good luck.   Randy Cunningham

The post Some things you can do to stop SB 33 – the anti-protest bill. appeared first on Cuyahoga County Progressive Caucus.