{"id":483,"date":"2020-06-02T00:00:00","date_gmt":"2020-06-02T07:00:00","guid":{"rendered":"https:\/\/www.nlg.org\/pdx\/?p=483"},"modified":"2023-08-24T09:08:57","modified_gmt":"2023-08-24T16:08:57","slug":"nlg-pdx-letter-to-city-of-portland-regarding-legal-observers","status":"publish","type":"post","link":"https:\/\/www.nlg.org\/pdx\/2020\/06\/02\/nlg-pdx-letter-to-city-of-portland-regarding-legal-observers\/","title":{"rendered":"NLG PDX letter to City of Portland regarding legal observers"},"content":{"rendered":"\n

[Originally posted to PortlandNLG.org on June 2, 2020]<\/em><\/p>\n\n\n\n

Mayor Ted Wheeler
Commissioner Jo Ann Hardesty
Portland Police Chief Jami Resch
Oregon State Police Superintendent Travis Hampton
Governor Kate Brown and Staff
Oregon National Guard Major General Michael E. Stencel<\/p>\n\n\n\n

Sent by Email Attachment to mayorwheeler@portlandoregon.gov;
joann@portlandoregon.gov; jami.resch@portlandoregon.gov;
ppbpio@portlandoregon.gov; travis.hampton@osp.oregon.gov;
orgov@hcrm.iconstituent.com; nik.blosser@oregon.gov;
constantin.severe@oregon.gov; agdd@mil.state.or.us; tagor@mil.state.or.us;<\/p>\n\n\n\n

To City of Portland and State of Oregon Officials:<\/p>\n\n\n\n

In the last week, the Portland Chapter of the National Lawyers Guild has had legal observers on the ground at demonstrations throughout Portland.  Our legal observers have witnessed repeated instances in which law enforcement on the streets engaged in seemingly arbitrary and\/or excessive uses of force against individuals and crowds of persons not engaged in criminal conduct or civil disorder.  We are concerned for the safety of demonstrators and other members of the community. <\/p>\n\n\n\n

Given those concerns, we write to you here regarding the safety and constitutionally-protected role of our legal observers.  In short, you need to ensure that our legal observers are not arrested, harassed, or harmed for alleged curfew violations or violations of any other civil emergency declaration.<\/p>\n\n\n\n

The First Amendment to the U.S. Constitution and Article I, section 8 of the Oregon Constitution protect the ability of the people to observe the police, especially in an explicitly political context. When people are protesting against police violence, there is a heightened need for lawyers, legal workers, and law students to be present and observe police behaviors. One characteristic that separates a democracy from a police state is the ability of people to observe the police without fear of retaliation and physical violence. That is particularly the case during this time of crisis. Our need and right to be present and observe is equivalent to the need and right of the press to be present and to report.  We expect to be treated no differently than members of the press who may be within zones that have been closed per emergency orders.<\/p>\n\n\n\n

Legal observers with the Portland Chapter of the National Lawyers Guild are trained professionals. They are easily identified as such by the visible neon green hats with the name of their role and the National Lawyers Guild.  We expect that they will act responsibly and in a manner consistent with their mission. They have never failed to do so and have provided valuable media reports, evidence in policy and legal forums, and voices of accountability in the past. They will continue to do so in the future.  We accordingly expect that the Portland Police Bureau and all other agencies working in collaboration with them at protests \u2014 including the National Guard and Oregon State Police \u2014 will respect the important and constitutional-role of our legal observers.  We expect law enforcement to not harass them or subject them to arbitrary and retaliatory arrest or violence during these trying times.<\/p>\n\n\n\n

If you have questions, please feel free to contact us.<\/p>\n\n\n\n

Sincerely,<\/p>\n\n\n\n

Policy Board of the Portland Chapter of the National Lawyer Guild<\/p>\n\n\n\n

Lewis and Clark Chapter of the National Lawyers Guild<\/p>\n","protected":false},"excerpt":{"rendered":"

[Originally posted to PortlandNLG.org on June 2, 2020] Mayor Ted WheelerCommissioner Jo Ann HardestyPortland Police Chief Jami ReschOregon State Police Superintendent Travis HamptonGovernor Kate Brown and StaffOregon National Guard Major General Michael E. Stencel Sent by Email Attachment to mayorwheeler@portlandoregon.gov;joann@portlandoregon.gov; jami.resch@portlandoregon.gov;ppbpio@portlandoregon.gov; travis.hampton@osp.oregon.gov;orgov@hcrm.iconstituent.com; nik.blosser@oregon.gov;constantin.severe@oregon.gov; agdd@mil.state.or.us; tagor@mil.state.or.us; To City of Portland and State of Oregon Officials: In…<\/p>\n","protected":false},"author":15607,"featured_media":468,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":"","_members_access_role":[],"_members_access_error":""},"categories":[9],"tags":[],"class_list":["post-483","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-testimony"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t