“The balance here is incredibly precarious,” Gerston said. “Not only is it difficult to balance, but it changes over time. It’s fluid. There have been eras when society is more tolerant of these forms of expression, and times where tolerance seems to wane a bit, and we may be in one of those periods now. … The rise in crime and disruption of life from protesters sometimes seems to come together in people’s minds.”

Similar protests by Google employees who criticized the company over a cloud-computing contract helping Israel’s military led the search giant to fire 28 of its workers for violating company policies.

Freeways and bridges are frequent targets for protests. ACT Up AIDS activists shut down the Golden Gate Bridge in 1989. Anti-war demonstrators protesting the Gulf War in the early 1990s shut down roadways around the country from Highway 17 in Santa Cruz to I-5 in Seattle. Black Lives Matter protests over police brutality blocked traffic on 880 in 2016 and the Golden Gate Bridge in 2020.

More recently, Gaza war opponents in November blocked the Bay Bridge heading into San Francisco, where world leaders were gathered for the Asia Pacific Economic Cooperation summit. The California Highway Patrol arrested 78 protesters and two bystanders, who had blocked the span for hours.

Those arrested were charged with various misdemeanors including blocking the roadway, refusing an order to disperse and false imprisonment. A judge, citing state law, offered that they could avoid trial by completing five hours of community service for a nonprofit of their choice and paying a small amount of restitution to a person who claimed a medical expense from being stuck in traffic. The payments are expected to total less than $60 each. One bystander is contesting the charges and filed a lawsuit alleging wrongful arrest.

Rachel Lederman, senior counsel with the Center for Protest Law and Litigation, which helped represent the protesters, said the diversion offer was appropriate because the protesters were nonviolent. While the demonstrations were an “inconvenience” to motorists, she said there were no reports of emergency responders being impeded.

“This was a nonviolent act of civil disobedience,” Lederman said.

DA Jenkins said in that case, the deal for the protesters was offered by a judge and not her office.

Monday’s protesters employed tactics that made it more difficult and time consuming for the CHP to remove them, chaining themselves to stationary vehicles or concrete-filled barrels. The long wait infuriated stuck motorists and ramped up pressure on law enforcement for punishment.

Jenkins said that while the 26 arrested bridge protesters had to be released Wednesday while an investigation continues, she vowed that they would face meaningful consequences.

“We support those who want to make sure that their First Amendment rights are observed and that their points of view are heard,” Jenkins said. “But where we much draw the line is when acts of free speech endanger public safety.”

Alameda County District Attorney Pamela Price, who’s prosecuting the I-880 demonstrators, echoed Jenkins’ comments.

“Our prosecutors are standing by and prepared to receive case information for individuals arrested during that incident,” Price said. “While my office supports the essential right to protest, it is important to note that public safety should never be compromised in exercising the First Amendment right of free speech guaranteed under the U.S. Constitution.”

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