A Georgia judge has dismissed racketeering charges against dozens of activists tied to the long-running "Cop City" protests, undercutting one of the most aggressive state efforts to use organized crime laws against demonstrators and reopening debate over the legal limits of prosecuting protesters.
The charges were dismissed Tuesday against 61 activists who opposed construction of the Atlanta Public Safety Training Center, which its critics call "Cop City," citing a procedural failure by the state attorney general's office.
Judge Kevin M. Farmer of the Superior Court of Fulton County ruled that state Attorney General Chris Carr lacked legal authority to bring the racketeering case without written authorization from Gov. Brian Kemp, as required under Georgia law when the attorney general assumes a prosecution typically handled by a local district attorney.
Farmer had signaled his intent to dismiss the charges in a September hearing, with prosecutors and defense attorneys awaiting a final order for months.
The racketeering indictment, filed in August 2023, was widely described by legal observers as the largest RICO case ever brought against protesters in the United States.
Prosecutors accused activists of participating in a criminal enterprise that included arson, money laundering, and acts labeled as domestic terrorism. The 109-page indictment alleged some defendants threw Molotov cocktails and fireworks at police officers, firefighters, and emergency workers.
Carr's office said it plans to appeal the ruling.
In a statement, the attorney general's office said it would "continue to vigorously pursue this domestic terrorism case to ensure that justice is served."
The defendants are not in the clear quite yet, as the dismissal applies only to the racketeering counts.
According to Georgia Public Broadcasting, five defendants still face domestic terrorism and first-degree arson charges linked to a 2023 incident in which masked activists allegedly burned a police vehicle and damaged property.
Farmer has indicated that those charges could proceed separately.
The case stemmed from nearly two years of protests over plans to redevelop roughly 85 acres of forest outside Atlanta into a major police and fire training center.
Supporters of the project said the center was needed to modernize public safety training and address rising crime. Opponents raised environmental concerns and warned the facility would contribute to police militarization.
The protests intensified after a January 2023 shooting during a law enforcement sweep of an encampment, in which an activist known as "Tortuguita" was killed.
State officials said the shooting was justified, while the activist's family has challenged that conclusion in court.
Civil liberties groups, including the American Civil Liberties Union, had criticized the RICO case as an overreach, calling the charges "breathtakingly broad."
State officials countered that the prosecution was necessary to address violence associated with the protests.
Farmer's ruling did not weigh the underlying allegations, focusing instead on prosecutorial authority.
The decision leaves open the possibility of renewed charges if procedural requirements are met, while sharply curtailing the state's initial attempt to use racketeering laws to dismantle the protest movement.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
© 2025 Newsmax. All rights reserved.