New York state’s Nassau County Legislature Monday voted 12-6 to pass a bill that allows first responders to sue protesters for harassment and other unlawful discriminatory practices.

The bill declares that it is an “unlawful discriminatory practice to harass, menace, assault or injure an individual due to such individual’s status as a first responder.” Individuals who discriminate are subject to “substantial civil penalt[ies]” as well as punitive damages and injunctive relief. Additionally, individuals who violate such provisions must pay the first responder’s attorneys’ fees.

The legislature cited recent attacks and intimidation of first responders as motivators for the bill. In particular, they highlighted concerns about civil unrest since May 2020 and US Justice Department data regarding crimes committed against law enforcement.

Noting that police officers are the “indispensable first line of defense for everyone’s fundamental civil and human rights,” the legislature stated that “civil, human and constitutional rights of members of society are jeopardized” when law enforcement officers are subject to actual or threatened physical assault and abuse in the performance of his or her duties.

The legislature clarified that it “expressly disavows any intent to excuse or minimize the gravity of incidents of police misconduct that have occurred in this country, especially those which may be motivated by racial intolerance,” while simultaneously emphasizing that “acts of misconduct by individual officers can never under any circumstances justify the vilification of all law enforcement personnel or acts of violence directed at police.”

Critics argue that the bill’s language is too broad and the penalties too steep, and that the bill could create constitutional concerns. The words “assault,” “menace” and “harass” are not defined directly in the bill and instead referenced to New York State Penal Law. Additionally, civil penalties can be as high as $50,000 depending on whether the violation occurs during the course of a riot.

Critics are also concerned that the bill could create hesitancy among protesters who may be less likely to engage in demonstrations if they are worried about lawsuits and civil penalties. One commentator cited as a hypothetical that under the proposed provisions, Derek Chauvin, who was convicted of George Floyd’s murder, would be able to sue bystanders who yelled at him as he pressed his knee into George Floyd’s neck.

The bill will become law upon County Executive Laura Curran‘s signature, but is expected to be challenged by civil rights organizations.