NLG PDX letter to City of Portland regarding tear gas use
[Originally posted to PortlandNLG.org on June 3, 2020]
Mayor Ted Wheeler
Portland Police Chief Jami Resch
Commissioner Chloe Eudaly
Commissioner Amanda Fritz
Commissioner Jo Ann Hardesty
City Auditor Mary Hull Caballero
Sent by Email Attachment to mayorwheeler@portlandoregon.gov; jami.resch@portlandoregon.gov; ppbpio@portlandoregon.gov; chloe@portlandoregon.gov; amanda@portlandoregon.gov; joann@portlandoregon.gov; auditorhullcaballero@portlandoregon.gov
The Portland Chapter of the National Lawyers Guild Condemns the Portland Police Bureau’s Violent Response to Demonstrators
Spurred by the uprising in Minneapolis last week in response to the police killing of George Floyd, people in our city and state were also moved to take to the streets. We support the demonstrators and their right to protest, and echo their condemnation of the racism and violence inherent in policing and the criminal legal system.
Police violence against Black and African American people is both a national and a local issue. Local demonstrators continue to link the death of George Floyd with the deaths of Jason Washington, Andre Gladen, Patrick Kimmons, Terrel Johnson, Quanice Hayes, Keaton Otis, Aaron Campbell, Kendra James and others at the hands of police in Portland. We have long known that Black people are stopped, arrested and subjected to uses of force at rates far higher than their white counterparts. The Portland Police Bureau collects its own data evidencing as much. And we also know that in Multnomah County, Black people are also more likely to be prosecuted, convicted, jailed and imprisoned than their white counterparts.
The Portland Chapter of the National Lawyers Guild condemns the police violence committed against protestors. Research shows that disproportionate use of force by law enforcement can turn a peaceful protest violent. Last night in downtown Portland, we saw Portland police indiscriminately unleash clouds of tear gas and other chemical agents, flash bang grenades, and so-called “less lethal” munitions against protestors. Following what seems to be a dangerous trend across the country, Portland police also appeared to drive their vehicle through a group of people. In a statement released today, Portland Police Chief Jami Resch recognized the threats posed by her officers’ use of force by explicitly recommending that demonstrators not bring children downtown.
Particularly given this unprecedented time of Covid-19 — a virus with uncertain impacts on the human respiratory system — where there is evidence that tear gas may increase the risk of respiratory illness, we call for an immediate end to the Portland Police Bureau’s use of tear gas against protestors. The use of OC, pepper spray, or mace would be similarly concerning and objectionable.
Allegations or incidents of property damage cannot and should not be used as carte blanche justification for police to engage in the above-mentioned tactics against protestors. We reaffirm our organization’s commitment to valuing human rights over that of property interests, and stand behind National Lawyers Guild Executive Director Pooja Gehi’s statement: “Racialized, violent policing of Black, Brown, and Indigenous bodies has always existed in this country. Now is the time for accountability. Property can always be replaced. Black lives can not.”
The City of Portland’s response to the demonstrations is dangerous and completely unacceptable. We demand Portland police and any agency working with them to immediately cease use of tear gas and other chemical agents designed to inhibit breathing, and cease further acts of violence against the protestors. Portland officials should also reconsider why they choose to deploy police at these demonstrations as well as the unnecessary escalatory effect of militarized officers armed with riot gear and weapons.
In hope of a better world,
Members of the Policy Board of the Portland Chapter of the National Lawyers Guild