OAKLAND A federal judge has issued a preliminary injunction banning Oakland police from using rubber or wooden bullets, stinger grenades and pepper-ball projectiles to control crowds of demonstrators and severely restricts the use of tear gas.

In his court order Wednesday, Chief U.S. Magistrate Judge Joseph Spero extended his previous restrictions in June and also ordered the Oakland Police Department to make sure that outside agencies abide by Oaklands rules if they are asked to provide mutual aid at city demonstrations or other events.

This order provides that certain crowd control tactics and munitions shall not be used except in very limited circumstances. This order should not be read as permission to use these tactics and munitions, Spero wrote.

As recognized in the Oakland Police Departments Crowd Control Policy, it remains incumbent upon OPD to uphold the constitutional rights of free speech and assembly while relying on the minimum use of physical force and authority required to address a crowd management or crowd control issue, Spero continued.

The federal magistrate judge did allow the use of tear gas, flashbang grenades and foam-tipped bullets, but only when there is an imminent threat of physical harm to a person or significant destruction of property and other techniques, such as simultaneous arrests or police formations, have failed or are not reasonably likely to mitigate the threat.

Speros order was in response to a lawsuit filed June 18 by the National Lawyers Guild on behalf of the Anti Police-Terror Project. The lawsuit alleges that Oakland police violated the constitutional rights of protesters when they used tear gas and other weapons at protesters between May 29 and June 1demonstrating for racial justice following the death of George Floyd.

The plaintiffs are pleased with the courts order, because it creates important protections for people exercising their First Amendment rights of freedom of speech and assembly in Oakland by limiting the force that can be used against them by Oakland police and other law enforcement agencies, Oakland attorney Dan Siegel said in a statement.

The injunction is particularly important because it demands that Oakland control the tactics and weapons used by other police departments when they respond to Oakland protests under mutual aid agreements, he said.

Siegel said the Anti Police-Terror Projectwill continue to advocate for a complete ban on tear gas and similar chemical weapons because of their severe negative impact on peoples health, especially during the period of COVID-19.

Speros order specifies that none of the crowd control devices in Oakland can be used on peaceful protesters or fired indiscriminately into a crowd. They may only be targeted at the specific imminent threat justifying the deployment, he wrote.

In addition, he stated that flashbang grenades and gas canisters must be deployed at a safe distance from the crowd to minimize the risk that individuals will be struck and injured by those devices. When tear gas is used, only the minimum amount of chemical agent necessary to obtain compliance may be used, he wrote.

Oakland police are required to make at least two announcements warning protesters to voluntarily disperse and informing them that, if they do not disperse, they will be subject to arrest, the order stated. Police must identify at least two means of escape and allow the crowd enough time to leave.

Many of the rules had already been established in a federal court order that was negotiated after a 2003 protest at the Port of Oakland that included police firing less-than-lethal munitions at protesters.

In June, Spero issued a temporary restraining order against the police department that limited the use of tear gas and rubber bullets during demonstrations.

Under Wednesdays court order, Oakland police must now make their badges and nameplates visible on their uniform or helmets during demonstrations and must have their body-worn cameras on and recording at all times. Police vehicles, including motorcycles, cannot be used to disperse crowds.

In addition, the judge ordered Oakland police incident and operations commanders and others to undergo crowd control training by Nov. 1.

The order requires Oakland police to wear face masks and gloves whenever they interact with people because of the ongoing coronavirus pandemic.

The Oakland Police Department will continue to abide by the court orders, said Officer Johnna Watson, Oakland police public information officer, in a Thursday statement.

See more here:

Federal court order restricts Oakland police use of tear gas, rubber bullets - East Bay Times