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The counter-lawsuit may force a Black Lives Matter group to fork over cash damages for the riots, a positive step toward justice for the riots that proved the most destructive (in terms of insurance claims) in U.S. history. While leftists repeat claims of “institutional racism,” the riots have victimized the black community. The destruction disproportionately hit black communities in Kenosha, Wisc., Minneapolis, and Chicago. The riots destroyed black lives, black livelihoods, and black monuments. At least 26 Americans have died in the riots, most of them black.

However, the case also raises First Amendment concerns. At what point does protesting cross the line into conspiracy to riot, disturb the peace, and destroy property? While many antifa and Black Lives Matter groups have arguably crossed that line by advocating physical violence in the name of fighting “fascism” and “racism,” courts need to be very careful to avoid penalizing genuine peaceful protest.

Detroit first filed the lawsuit in September, but The Intercept drew attention to it this week.

Even if cities and municipalities succeed in suing BLM for riots, not a single penny will go to the businesses they destroyed.

It may open the door for individual civil suits though.