Senate Bill 150 protesters arrested at KY Capitol last year to take their cases to trial


Twenty Kentucky protesters who were arrested last spring in the state Capitol in Frankfort for protesting a bill that LGBTQ groups criticized as the “most extreme anti-trans” bill in the nation, are all taking their cases to trial in 2024.

In March 2023, Kentucky State Police arrested 20 people in the House of Representatives gallery who were speaking out against Senate Bill 150. The bill banned gender-affirming care for trans youth, including puberty blockers, and implemented further restrictions on teacher’s using students’ preferred pronouns, notification of curriculum related to human sexuality, and transgender students’ use of school bathrooms.

Protesters descended on the Capitol and filled the gallery overlooking the chamber where they led chants during an active session. These included references to Sen. Karen Berg’s (D-Louisville) son dying by suicide and the shooting death of Louisville transgender woman Zachee Imanitwitaho this year.

An attorney for some of the defendants said taking these types of cases to trial is rare.

“It is not common; these cases never go to trial,” Ben Potash, a Louisville lawyer representing three of the defendants, told the Herald-Leader. “This is different because your average person charged with (criminal trespassing) is someone drunk in somebody’s driveway. These charges are not intended to prosecute First Amendment protesters. But that is the way it went that day.”

All of those arrested were charged with a misdemeanor offense of third-degree criminal trespassing. Cases such as these usually end in a fine, Potash said.

Maurine Sullivan, an attorney for three additional clients, advocated for the defendants too.

“These are brave young people and that I look forward to defending them and doing my best to protect their First Amendment rights,” Sullivan said.

Their trials are scheduled to take place between January and June.

While Potash said generous plea offers had been made for his clients, they firmly believe they did nothing wrong that would warrant the charges, and will assert their right to have a jury decide. Potash did not share the specifics of the plea offers, but said they would equate to a “minor slap on the wrist.”

“They feel they did the right thing, and I am inclined to agree with that,” Potash said. “The charge is minor even if they did commit it, and I think they are doing the right thing.”

He said his clients — and all 17 of the other protesters — had a right to be at the Capitol that day and that the charges were overblown.

The cases are being prosecuted by Franklin County Attorney Max Comley, who declined to comment on pending litigation.

At the time of the arrests, there were calls for the protesters’ charges to be dropped. The Fairness Campaign, a Kentucky advocacy group for LGBTQ rights, tweeted support for the protesters being pardoned. It was previously reported 19 people were arrested, but KSP later confirmed 20 were charged.

“Governor Beshear should pardon the #Gallery19 protesters,” the tweet read in part.

Potash said he wasn’t surprised Comley’s office and law enforcement continued to pursue charges. Potash didn’t feel the charges were personal against the group, but were part of the professional duty of the prosecutor’s office.

“But they got it wrong this time,” Potash said.

The first trial is scheduled to take place Jan. 24.

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