PORTLAND, Ore. (AP) — A judge in Oregon on Tuesday temporarily restricted federal officers from using tear gas at protests at the U.S. Immigration and Customs Enforcement building in Portland, just days after agents launched gas at a crowd of demonstrators including young children that local officials described as peaceful.
U.S. District Judge Michael Simon ordered federal officers to not use chemical or projectile munitions unless the person targeted poses an imminent threat of physical harm. Simon also limited federal officers from firing munitions at the head, neck or torso 'unless the officer is legally justified in using deadly force against that person.'
Simon, whose temporary restraining order is in effect for 14 days, wrote that the nation 'is now at a crossroads.' He emphasized the importance of free speech, courageous newsgathering, and nonviolent protest within a well-functioning constitutional democracy.
Ruling follows a lawsuit filed by the ACLU of Oregon
The ruling came in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists covering demonstrations at the flashpoint ICE building. The suit names as defendants the Department of Homeland Security and its head, Kristi Noem, as well as President Donald Trump, arguing that federal officers’ use of chemical munitions and excessive force violates First Amendment rights.
The DHS stated that federal officers have 'followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property.' Spokesperson Tricia McLaughlin asserted the First Amendment protects speech and peaceful assembly but not rioting.
Courts consider question of tear gas use
Judges elsewhere are also assessing the use of tear gas at protests as cities react to the federal immigration enforcement surge. In recent months, a federal appeals court in Minnesota suspended a decision prohibiting federal officers from using tear gas against peaceful protesters.
The Oregon filing describes incidents where protesters, including an 83-year-old Vietnam War veteran, experienced harm from chemical munitions during peaceful protests. Local officials, including Portland Mayor Keith Wilson, have condemned the use of such munitions, demanding the removal of ICE from the city.
'To those who continue to work for ICE: Resign. To those who control this facility: Leave,' Wilson said. 'To those who continue to make these sickening decisions, go home, look in a mirror, and ask yourselves why you have gassed children.'
