Eco-Harassment Bill One Step Closer to Reality

An eco-harassment bill, which has come under scrutiny by many environmental preservationists, is one step closer to becoming a reality after being passed by the state Senate.

With a state Senate vote of 36-14, the bill, introduced by state Sen. Joe Scarnati, R-Brockway, will now be in the hands of the state House of Representatives. According to the freshman senator, this bill will provide restitution to individuals and businesses alike effected by harmful, vicious and irresponsible environmental protests that halt/hinder daily activities.

Contact your State Representative and let him/her know that you are opposed to the legislation. Get friends, neighbors, and other folks to let their House member know of their opposition to the bill. An easy way to contact House members is through the website of Citizens for Pennsylvania's Future at http://www.pennfuture.org. Call, email, and fax your state representative in both his or her Harrisburg office and district office and ask them to vote against the eco-harassment bill. Explain that:

The Sierra Club does not engage in or support acts of violence or destruction of property. We decry these actions whether they are done in the name of the environment or any other cause. There are already laws on the books against violence and property destruction. But we do recognize that peaceful protest has a long history in the United States and is protected as freedom of speech.

The language of the bill reads, "A person commits the offense of environmental harassment if the person communicates to another person a threat to commit, or cause to be committed, a crime of violence dangerous to human life or destructive to property or business practices, for the primary purpose of expressing a perspective on an environmental or natural resource issue."

Generally speaking, if protests go to the extreme of stopping the work of such industries as logging or oil and gas, they could be charged with eco-harassment.

If preservationists cause harm to a person or business, then that person would be "sentenced to pay the business restitution in an amount equal to the cost of the interruption of business directly relating to the act of environmental harassment."

"It is clearly time that preservationists reflect on the devastation they may cause a person or business with dangerous protests," Scarnati said. "However, if they don't, there will be a measure in place to hold them fiscally accountable."

The bill's passage, originally introduced in January, was a cause for celebration for Scarnati after six months of trying to get his fellow senators -- even across party lines -- to see the validity of the bill. "The bottom line was that my staff and I were able to build coalitions with other senators who recognized the importance of the bill," Scarnati said. "Once this was done, we quickly began conveying to other legislators the significance of this legislation and ultimately we saw the successful passage of (the bill.)"

Part of the coalitions Scarnati talked about was getting people to understand northwestern Pennsylvania. Although some legislators sided with the environmentalists, Scarnati said, "I think that if they had taken time to understand the bill and driven north of Interstate 80, (they'd see) we have some of the greatest resources and have managed them for over 100 years."

"It sends a very strong message to environmental extremists that Pennsylvania supports these industries," he said. "It's a win for the industries. It puts us in the offensive and sets the agenda. Let them defend their positions now."

Scarnati said the bill was sent to the House Thursday and will probably be discussed in one of the House committees. He hopes that with the help of Rep. Ken Jadlowiec, R-Bradford, and Rep. Jim Lynch, R-Warren, the bill will pass through the House as quickly as it passed through the Senate.

While it is not known how the House will respond to the bill, Scarnati said it has already passed the senate's "strong litmus test."

"It's a very deliberate body and does not move too quickly," he said. "It sends a strong message to the House this is a good piece of legislation."

Locally, Scarnati said several individual loggers and members of Allegheny Hardwoods Utilization Group lobbied for the bill on his behalf. Scarnati also realized what this passage means to his district as well as to his fellow legislators.

"It shows the importance of having someone in Harrisburg to be able to work with his colleagues. Without them, you are not going to pass legislation," he said. "This is as good as bringing home any paycheck it has gotten," referring to the 25th senatorial district.

All along, Scarnati has contended that this bill is about fairness and not designed to interfere with people's basic freedoms. "It's on the merits of free speech," he said. "No way myself or my colleagues would support any legislation that would limit anyone's right to free speech or the right to protest."

"This reaffirms they have the right to do it in a peaceful way."

Scarnati told The Era in January that a protest at the Willamette Industries' Keystone Chipping Mill near Kane in 1998 inspired him to propose the bill. At that time, protesters blocked log haulers trying to deliver their product to the chipping mill. The protesters said they were against the company's clear-cutting method. Two protesters were eventually charged with criminal trespass.

The bill was originally called eco-terrorism, but Scarnati changed its name saying the word "terrorism" seemed too harsh.

Click here to read article by prominent environmentalists in Pennsylvania

By SANDRA RHODES
Bradford Era City Editor
Friday, June 14, 2002
HARRISBURG

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