“The ACLU’s complaint, filed on behalf of the Portland Mercury, eight journalists, and two observers working with the ACLU, alleges that federal agents stationed at the Mark O. Hatfield U.S. Courthouse have joined local police in violating those principles. On July 12, for instance, federal officers shot photographer Mathieu Lewis-Rolland 10 times with “impact munitions” that left “severe lacerations, welts, and bruises all over his upper body.” According to the Geneva Guidelines on Less-Lethal Weapons and Related Equipment in Law Enforcement, such projectiles “should generally only be used in direct fire against the lower body of a violent individual when a substantial risk exists of immediate serious injury to either a law enforcement official or a member of the public.”
The complaint alleges many similar abuses by Portland police, including the gratuitous use of tear gas and rubber bullets, unprovoked beatings, unlawful arrests, and other interference with activities protected by the First Amendment. The ACLU says the plaintiffs who have suffered such abuse were clearly identified as journalists or legal observers.
The lawsuit also complains that Portland police have routinely violated Simon’s June 9 order barring them from using tear gas at the protests except when “the lives or safety of the public or the police are at risk.” Simon said tear gas should not be used simply “to disperse crowds where there is no or little risk of injury.” Portland Mayor Ted Wheeler, who is also the police commissioner, got a taste of his own medicine on Wednesday night, when he was gassed by federal officers while vainly trying to show protesters that he was united with them in opposing the Trump administration’s response to the demonstrations.
The protests in Portland have been happening every day since May 28, three days after a Minneapolis police officer suffocated George Floyd. The federal officers, who according to an internal memo have not been trained in controlling riots or mass demonstrations, were deployed by the Trump administration this month, ostensibly to protect the courthouse and other federal property. But as Nancy Rommelman notes, the federal presence seems to have inflamed the situation, provoking the vandalism and assaults on the courthouse that the administration now cites to justify its involvement.”