PolicyBrief
S. 2115
119th CongressJun 18th 2025
Safe and Open Streets Act
IN COMMITTEE

This Act establishes a new federal crime for intentionally blocking public roads or highways in a manner that interferes with commerce, while also updating the title of the existing law on interference with commerce.

Thom Tillis
R

Thom Tillis

Senator

NC

LEGISLATION

New Federal Crime: Blocking a Road Can Now Land You 5 Years in Prison Under the 'Safe and Open Streets Act'

The “Safe and Open Streets Act” is short, but its impact is anything but small. This bill creates a brand-new federal crime that targets anyone who intentionally blocks a public road or highway in a way that delays or messes with commerce. If you get caught violating this new rule, you could face a fine, up to five years in federal prison, or both, which is a significant escalation from typical state or local traffic infractions.

The New Federal Felony: What It Covers

Section 2 of this Act essentially federalizes the act of intentionally blocking traffic, provided that blockage affects the movement of goods or services—what the law calls “commerce.” This means that if a protest, demonstration, or even a misguided prank stops a semi-truck carrying goods across state lines, the individuals involved could face federal felony charges under Title 18, Section 1951. This provision casts a wide net, covering everything from blocking a major interstate to disrupting a local street if that street happens to be part of a supply chain route.

Chilling Effect on Assembly: The Cost of a Protest

This is where the bill hits the streets, literally. Blocking a street has long been a key tactic in civil rights and political protests. Think about every major demonstration in history—from sit-ins to climate protests—many intentionally disrupt the status quo, often by impeding traffic, to draw attention to their cause. By attaching a potential five-year federal prison sentence to this action, the bill introduces a massive deterrent. For an activist or even a concerned citizen participating in a demonstration, the risk moves from a state-level misdemeanor fine to a life-altering federal felony conviction.

Broad Language, Broad Enforcement

The existing federal law this bill modifies was called “Interference with commerce by threats or violence.” The Safe and Open Streets Act strips out “threats or violence,” changing the title to simply “Interference with commerce.” This change is crucial because it means the new federal crime doesn't require any violence or threat; it only requires the intentional blockage and the delay of commerce. Since nearly every road in the country can be argued to affect commerce—a delayed delivery truck, a missed work appointment—the definition of what constitutes “interfering with commerce” becomes dangerously broad. This vagueness gives federal prosecutors significant power to decide which blockages meet the threshold for a federal case, potentially leading to inconsistent application.

Who Benefits, Who Pays

On one hand, businesses and logistics companies that rely on smooth, uninterrupted supply chains stand to benefit from a clear, tough penalty against road blockages. If you're a small business owner waiting for inventory or a truck driver trying to make a delivery deadline, this bill promises to keep the roads open. However, the cost is borne by the general public whose right to assemble and protest is now significantly chilled. The bill effectively makes one of the most visible forms of civil disobedience a high-stakes federal crime, shifting power away from local enforcement and into the federal system with penalties that seem disproportionate to the act of blocking traffic without violence.