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Anti-riot laws generally define a riot as a gathering that creates an immediate danger to property or people — which leaves room for interpretation on what constitutes “an immediate danger.” In Texas, the threshold for a riot stands at seven or more people.
When police officers have sole authority to make the call on whether there’s “immediate danger,” they can — and often do — exaggerate the circumstances, giving them wide latitude to arrest nonviolent protesters. Worse yet, if even one person throws rocks or a water bottle, then anyone in the general area can be arrested for riot participation. These unjust arrests, as with all arrests, fall hardest on people of color. ...