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Washington state House passes ban on hog-tying by police in a landslide

Washington state lawmakers overwhelmingly passed a bill Wednesday that would ban police from tying suspects, a restraint method that has long been a concern because of the risk of suffocation.

“This practice is inhumane and dangerous,” Democratic Rep. Charlette Mena said during the vote. “Yet, hog tethering is still allowed in a small number of jurisdictions in Washington State.”

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The vote came nearly four years after Manuel Ellis, a 33-year-old black man, died with his hands and feet tied behind his back and face down in Tacoma, about 30 miles south of Seattle. The incident became a touchstone for racial justice demonstrators in the Pacific Northwest.

“He was tied up by the police, he said he couldn’t breathe, and he died in the heart of our community,” Mena said.

The bill has already passed the Senate and must return to the Senate for verification before it goes to Democratic Gov. Jay Inslee’s desk.

Republican Rep. Gina Mosbrucker said she supports the measure, although there are still concerns from her party that smaller jurisdictions may not have the funds to begin implementing alternative regulations.

Afternoon sunlight illuminates the Capitol Building on October 9, 2018 in Olympia, Washington (left). The Washington State Legislature has overwhelmingly passed a bill that would ban police from tying up suspects, a method of restraint that has long been a concern. Because there is a choking hazard. Wednesday’s vote, Feb. 28, 2024, came nearly four years after Manuel Ellis, a 33-year-old black man, died face down with his hands and feet tied behind his back in Tacoma, Washington. (AP Photo/Ted S. Warren)

“With the passage of this bill, Mr. Speaker, it feels to me like the relationship between law enforcement and the community is beginning to be fixed,” she said.

The U.S. Department of Justice has recommended banning this practice since at least 1995 to avoid deaths in custody. The Washington Attorney General’s Office recommended against the use of pig ties in its 2022 Model Use of Force Policy. At least four local agencies continue to allow pig tying, according to policies filed with the attorney general’s office that year.

Ellis was on his way home in March 2020 when he and white Tacoma police officers Matthew Collins and Christopher Burbank passed a patrol car. There are many theories about what happened next, but a probable cause statement filed by the Washington Attorney General’s Office says that Ellis ended up being shocked and beaten, and that officers placed him in a restraint that kept him limp. It was said to have been wrapped around his legs and tied to handcuffs behind his back.

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The medical examiner ruled his death a homicide due to lack of oxygen. Collins, Burbank, and third officer Timothy Rankin were charged with murder or manslaughter. A jury returned a not guilty verdict in December after defense attorneys argued that Ellis’ death was caused by methamphetamine intoxication and heart disease.

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