Judge extends order limiting Portland police's use of tear gas

PORTLAND, Ore. — A federal judge's ruling that bans Portland police from using tear gas to disperse crowds except where “lives or safety of the public or the police are at risk" has been extended.

According to the clerk for U.S. District Judge Marco Hernandez, the order has extended the temporary restraining order against officers using tear gas to July 24.

Hernandez's issued his original order on June 9 and said it would remain in place for two weeks. His order stated that "tear gas shall not be used to disperse crowds where there is no or little risk of injury."

Don't Shoot Portland filed a class action lawsuit on June 5 against the city of Portland, alleging that police have been using tear gas indiscriminately against demonstrators during recent protests. They sought a temporary restraining order, which led to the judge granting it.

The group since amended the complaint on June 18. They are now saying Portland police are using not only tear gas, but "less lethal" weapons indiscriminately against demonstrators during recent protests in an effort to silence free speech. Instead of focusing solely on tear gas and other chemical gases, the lawsuit now also accuses police of indiscriminately using rubber bullets, pepper balls, blast balls, Long Range Acoustic Device (“LRAD”), flash bangs, and aerial munitions.

The lawsuit says once protesters scatter, police will still use pepper spray on them.

"Since this court entered a Temporary Restraining Order on June 9, 2020, limiting the PPB’s use of tear gas on protestors, PPB has escalated its use of rubber bullets, pepper balls, blast balls, flash bangs, and other impact munitions on the crowd in an indiscriminate manner," the lawsuit states.

The plaintiffs in the lawsuit said officers used tear gas against people who haven’t committed crimes.

Part of the plaintiffs' argument in the lawsuit is that the coughing caused by tear gas irritation will spread the novel coronavirus among demonstrators.

RELATED | Can tear gas and pepper spray increase virus spread?

George Floyd, a black man, died in police custody in Minneapolis in May.

His death sparked massive protests around the country, including in Portland.

While most of the demonstrators have been peaceful in Portland, there have been several notable exceptions. Many downtown businesses were vandalized and looted during the protests, and during one demonstration people entered the Justice Center and set fires inside.

Police have said that protesters have been tampering with fences, especially the one surrounding the Justice Center, and they have been throwing objects at officers. Police have responded with several crowd dispersal tactics, including the use of CS gas, a type of tear gas.

However, Portland Police Bureau says their officers have not used CS gas since the temporary restraining order was issued.