Akron agrees not to use tear gas on non-violent protesters after local group sues
Akron has agreed not to use tear gas, pepper spray and other types of force against non-violent protesters after a local group sued the city in federal court, saying it used excessive force in peaceful demonstrations.
Akron Bail Fund, a group that supports protesters, sought a temporary restraining order in U.S. District Court in Akron against the city at midnight Friday that forbade the city from continuing to use methods like tear gas against protesters.
Attorneys from the Bail Fund and the city met with Magistrate Judge James Grimes for several hours Friday afternoon and came to a stipulation on the restraining order issue.
“This is a real victory for the Bail Fund and for people who want to come out and peacefully protest,” said Elizabeth Bonham, a Cleveland attorney representing the bail fund.
Stephanie Marsh, an Akron spokesperson declined to comment Friday on the injunction request, saying the city doesn't discuss pending litigation.
The parties agreed:
The city or any other law enforcement agency working at its behest won’t use “tear gas, pepper spray, flash-bang grenade, rubber pellets, batons, body slams, pushing or pulling or kettling,” which is a technique that involves officers corralling people before arresting them, on nonviolent protesters to enforce dispersal orders, traffic laws and or misdemeanors. This applies to protesters who aren’t threatening physical harm or property damage, trespassing on private property or government buildings or impeding emergency services.
Non-violent protesters are considered people who are “chanting, verbally confronting police, sitting, holding their hands up when approaching police, occupying sidewalks or streets apart from expressways or freeways, and/or passively resisting police orders” to exercise their First Amendment rights.
Akron may not use the infliction of pain to punish or deter “nonviolent protesters.”
This stipulation settled Akron Bail Fund’s request for an immediate restraining order but not the group’s request for an injunction prohibiting the city from taking these actions and others that may impede protesters’ constitutional rights to express themselves.
The restraining order will last for 14 days.
"This will preserve a constitutional protest space while we continue to litigate and allow protesters to be kept safe," Bonham said.
More: 'First Amendment speech has been chilled,' says attorney seeking injunction against Akron
The Bail Fund took this step in response to a protest Wednesday in which police used tear gas and pepper spray during a protest in the Copley Road area.
More: 'It just made matters worse.' Critics question police use of tear gas at Akron protest
The police action resulted in criticism, including from three Akron City Council members, one who was at the protest.
Stephanie Warsmith can be reached at swarsmith@thebeaconjournal.com, 330-996-3705 and on Twitter: @swarsmithabj.
This article originally appeared on Akron Beacon Journal: No more tear gas on peaceful protesters, Akron agrees after group sues
