Oregon Attorney General Dan Rayfield today submitted arguments and evidence in support of a lawsuit brought by the ACLU of Oregon on behalf of protesters and journalists that challenges violations of the First Amendment and the use of excessive force by federal agents outside the Portland ICE building. The evidence submitted today shows that federal agents tear gassed peaceful protesters repeatedly during the weekend of January 31. The Attorney General urges the district court to enter a preliminary injunction against similar actions by the federal government.
“President Trump and his administration have sent the message to ICE officers that they’re above the law. And now we’re seeing the results of that reckless behavior play out in our communities,” said Attorney General Rayfield. “Peaceful protesters – kids, seniors, and families – are being hit with tear gas and pepper balls in our streets. This behavior is dangerous and it is un-American. We will not stand by and allow it to continue.”
Video Statement from Attorney General Dan Rayfield »
According to testimony submitted to the court by the Oregon Department of Justice (ODOJ), federal agents deployed tear gas into a densely packed crowd. Witnesses described feeling confusion and panic as gas spread through the area. One individual testified that the chemical agents “made it hard to breathe and impossible to see,” while another described “feeling trapped” in the crowd as the tear gas and pepper balls filled my lungs.”
Local college professor Adrian Rodriguez attended the rally as a member of the American Federation of Teachers (AFT) and the Oregon Education Association (OEA). In a declaration submitted by ODOJ, he described the fear he felt as a peaceful protest turned into a frantic scene as the tear gas spread.
“What really scared me was that even though I was wearing my N-95 mask, the gas went through it like butter,” said Rodriguez. “The burning in my lungs did not feel like one intense wave, but like individual points of pain, like prickles, burning in a lot of tiny places. I tried to move faster to get to clean air even though it was really hard for me to see. It was very scary. I have never felt that sensation before.”
In today’s filing, ODOJ urges the court to issue a preliminary injunction against federal agents’ unlawful use of tear gas, pepper balls, and other crowd-control munitions. The district court will hold a three-day hearing on plaintiffs’ preliminary injunction motion, beginning on March 2. In support of that motion, ODOJ argues that federal law enforcement must respect the First Amendment rights of peaceful protesters and must also stay within established limits on the use of force.
Attorney General Rayfield has repeatedly stated that Oregon will use all available legal tools to protect residents when federal agents violate First Amendment protections, use excessive force, or break the law. Oregonians who believe their rights have been violated by federal action can report concerns through the Oregon Department of Justice’s Federal Overreach Reporting Portal », which helps the state assess patterns of conduct and determine appropriate legal action.
