A federal judge in Oregon has restricted federal agents from using tear gas and other chemical munitions during protests outside an Immigration and Customs Enforcement (ICE) facility in Portland. U.S. District Judge Michael Simon issued a preliminary injunction after a three-day hearing, responding to a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and freelance journalists.
Key Takeaways
A federal judge in Oregon has restricted federal agents from using tear gas at protests outside an ICE facility in Portland. The ruling came after a lawsuit by the ACLU on behalf of protesters and journalists who claimed federal officers used excessive force.
- Judge Michael Simon issued a preliminary injunction limiting the use of chemical munitions
- Plaintiffs included diverse individuals, such as a protester in a chicken costume and freelance journalists
- The ruling requires agents to avoid using tear gas or pepper spray unless there is an imminent threat
- Federal officers are prohibited from targeting specific body parts with munitions
- The injunction covers all those who have peacefully protested or reported on demonstrations at the ICE building
The plaintiffs included a variety of individuals, such as a demonstrator known for wearing a chicken costume, a married couple in their 80s, and two freelance journalists. They testified about having chemical or projectile munitions used against them during protests. The lawsuit argues that federal officers' use of such munitions is retaliatory and chills First Amendment rights.
Simon's order limits federal agents from using chemical or projectile munitions unless someone poses an imminent threat of physical harm. Agents are also prohibited from firing munitions at the head, neck, or torso unless legally justified in using deadly force. Additionally, officers cannot use pepper spray indiscriminately against groups; they must target individuals engaging in violent unlawful conduct or actively resisting arrest.
The judge specified that acts such as trespassing, refusing to move, and refusing to obey an order to disperse are considered passive resistance, not active resistance. Simon also granted provisional class certification, extending the order's coverage to all those who have peacefully protested or reported on demonstrations at the ICE building in recent months.
The preliminary injunction will remain in effect while the lawsuit proceeds. This ruling follows a similar temporary restraining order issued by Simon and another federal judge overseeing a separate case brought by residents of an adjacent affordable housing complex.
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