Federal officers are temporarily barred from using tear gas at protests outside a Portland immigration building, an Oregon judge ruled Tuesday, just days after agents fired gas into a crowd of demonstrators that local officials described as peaceful and which included young children. US 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 officers from firing munitions at the head, neck, or torso "unless the officer is legally justified in using deadly force against that person," per the AP. The temporary restraining order is in effect for 14 days.
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 US Immigration and Customs Enforcement building in Portland. The suit names as defendants the Department of Homeland Security and its head, Kristi Noem, as well as President Trump. It argues that federal officers' use of chemical munitions and excessive force is a retaliation against protesters that chills their First Amendment rights. The DHS didn't immediately respond to a request for comment.
Courts elsewhere have also considered the issue of federal agents' use of chemical munitions against protesters, as cities across the US have seen demonstrations against the Trump administration's surge in immigration enforcement. Last month, a federal appeals court suspended a decision that prohibited federal officers from using tear gas or pepper spray against peaceful protesters in Minnesota who aren't obstructing law enforcement. An appeals court also halted a ruling from a federal judge in Chicago that restricted federal agents from using certain riot-control weapons, such as tear gas and pepper balls, unless necessary to prevent an immediate threat. A similar lawsuit brought by the state is now before the same judge.
The Oregon complaint describes instances in which the plaintiffs—including a protester known for wearing a chicken costume, a married couple in their 80s, and two freelance journalists—had chemical or "less-lethal" munitions used against them. Portland Mayor Keith Wilson demanded ICE leave the city after federal officers used such munitions Saturday at what he described as a "peaceful daytime protest." "To those who continue to make these sickening decisions: Go home, look in a mirror, and ask yourselves why you have gassed children," he said in a statement. More here.
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