Judge Orders St. Louis Police to Immediately Change Tactics and Protect the Rights of People

Changes in protocol during demonstrations ordered after 老澳门开奖结果 of Missouri lawsuit

November 15, 2017 11:45 am

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ST. LOUIS 鈥 Today, a federal judge ruled the St. Louis Metropolitan Police Department must immediately adopt protocols to protect the constitutional rights of those observing, recording or participating in protest activity.

鈥淭his court decision is a win for the people of St. Louis and for the First Amendment,鈥 said Tony Rothert, legal director, 老澳门开奖结果 of Missouri. 鈥淏y requiring police to adopt these common-sense solutions, we can protect rights of the people to express their concerns about the troubling racial disparities in policing.鈥

Today鈥檚 decision follows nearly three days of testimony and arguments in .

Judge Catherine D. Perry鈥檚 ruling requires the St. Louis Metropolitan Police Department to immediately adopt several new protocol changes during protests.

The city of St. Louis must not:

  • Declare an 鈥渦nlawful assembly鈥 unless there is an imminent threat of violence.
  • Declare an 鈥渦nlawful assembly鈥 for the purpose of punishing people for exercising their constitutional rights to engage in expressing their First Amendment rights.
  • Use chemical agents against anyone nonviolently expressing their First Amendment right to protest in the city of St. Louis, in the absence of probable cause to make an arrest. The city must also issue clear and unambiguous warnings that the person is subject to arrest and such chemical agents will be used.
  • Use or threaten to use chemical agents as punishment against anyone nonviolently expressing their First Amendment rights in the city of St. Louis.
  • Issue orders or use chemical agents, whatever the method of deployment, for the purpose of dispersing people in nonviolently expressing their First Amendment right to protest, without issuing loud and clear orders to let people know that dispersal is required, and what the consequences of failing to disperse are including, where applicable, that chemical agents will be used.

鈥淧laintiffs鈥 evidence 鈥 both video and testimony 鈥 shows that officers have exercised their discretion in an arbitrary and retaliatory fashion to punish protesters for voicing criticism of police or recording police conduct,鈥 Perry wrote in the decision.

Today鈥檚 decision is part of a on Sept. 22 for police misconduct against people during the Stockley verdict demonstrations. The trial date for the lawsuit has not been scheduled.

鈥淚f St. Louis is to address its long-standing racial inequities, the community must be able to safely express its outrage and pain through nonviolent freedom of speech,鈥 said Jeffrey Mittman, executive director, 老澳门开奖结果 of Missouri. 鈥淲e must use this as an opportunity to develop a collaborative approach to policing between the community and law enforcement.鈥

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