Appeals Court Blocks Tear Gas Restrictions for Federal Agents in Portland
An appeals court has overturned two lower court decisions in Oregon that had limited the use of tear gas and other crowd control measures by federal agents during protests outside the U.S. Immigration and Customs Enforcement (ICE) building in Portland.
In a 2-1 ruling, the U.S. Court of Appeals for the Ninth Circuit agreed to the Trump administration’s requests for temporary suspensions on the restrictions. These protests, which have been ongoing since June, are part of a broader national outcry against the administration’s deportation policies.
Two lawsuits regarding the methods employed by federal officers have emerged. One was initiated by the American Civil Liberties Union of Oregon representing protesters and freelance journalists, while the other was brought by residents of a nearby affordable housing complex.
The complaints allege that the use of chemical agents by federal forces violated the rights of those affected. Among the plaintiffs are a protester known for wearing a chicken costume, a couple in their 80s, and several journalists who reported being subjected to chemical sprays and projectiles.
The Department of Homeland Security has previously maintained that its officers acted within their training, exercising the least amount of force required to safeguard themselves, the public, and federal property.
Earlier this month, federal judges in Portland had issued preliminary orders limiting the use of tear gas, pepper spray, and similar measures unless there was an immediate threat of violence. Additionally, law enforcement agents were instructed not to target individuals in the head, neck, or torso unless justified in using deadly force. They were also told to avoid using pepper spray indiscriminately among groups that included bystanders and to concentrate on those engaging in active violence or resistance.
“The plaintiffs have presented substantial video evidence showing federal officers spraying chemical agents directly into the faces of peaceful protesters,” said U.S. District Judge Michael Simon in a recent ruling linked to the ACLU lawsuit. He described the actions of federal agents that resulted in physical harm to peaceful demonstrators as “objectively appalling.”
The Ninth Circuit intends to consolidate both cases and conduct oral arguments on April 7.
Earlier in the year, Portland’s Mayor Keith Wilson had called for ICE to withdraw from the city after federal agents used tear gas on a gathering of peaceful protesters outside City Hall. He criticized their reliance on chemical weapons, such as pepper balls and flash grenades, asserting that most demonstrators were simply exercising their rights.
In a statement regarding the use of chemical weapons, the mayor remarked that the vast majority of the protest participants posed no threat to federal officials or engaged in unlawful actions. He urged those associated with ICE to resign and accused federal officials of violating constitutional rights.
