COURT FINDS CITY OF PORTLAND IN CONTEMPT OVER POLICE VIOLENCE AGAINST PROTESTERS

December 1, 2020

Media contact: Juan Chavez, Oregon Justice Resource Center at 626-253-9028 or jchavez@ojrc.info.

FOR IMMEDIATE RELEASE

PORTLAND, Ore. - A federal judge has found the City of Portland in contempt over the use of so-called “less lethal” munitions against protesters. Judge Marco Hernandez has found that the City violated a temporary restraining order made in June as part of a lawsuit brought by Don’t Shoot PDX and others over Portland Police’s response to protests in the city after the killing of George Floyd. Remedies for the violation have not yet been determined.

“After being quarantined during a global crisis, I felt the violence being used at this time was even more terroristic because of the pandemic and I wanted to set a standard for our organization that Black activists can show up in the courts and we can win,” said Teressa Raiford, Founder, Don’t Shoot PDX. “This lawsuit happened to protect the rights and safety of protestors. One of the first things that occurred to me was that Portland Police Bureau/the City of Portland had committed these levels of violence before and we didn't want them to get away with it this time. We were finally in the position with the power to take action without waiting for someone else to speak up for us. Presenting our experiences along with information helped us create a space for Black voices to speak up against injustice. We’ve witnessed our entire community show up and that is why we did it. We’ve created a mandate that shows Black voices matter and that we will show up in court to hold these systems accountable. PPB’s violence against Black people is a reminder that we’re not done holding them accountable. This is the beginning.”

Don’t Shoot PDX and individual plaintiffs Nicholas Roberts and Michelle Belden are represented by Albies & Stark, Levi Merrithew Horst, and the Oregon Justice Resource Center. SITU Research, a visual investigations practice, provided a visual reconstruction of the protest utilizing citizen video.

“This judgement demonstrates that, even when ordered by a judge to follow the Constitution, Portland Police could not comply on the night that was reviewed,” said Juan Chavez, Civil Rights Project Director, OJRC. “There have been many more nights since then, and we are confident that when we try these facts in front of a jury we will find these violations on almost any night we look at.”

Judge Hernandez did not agree that every instance raised by the plaintiffs was evidence of a violation of the restraining order. Of particular concern was PPB officers unloading barrages of plastic bullets (FN303s) against protesters. The officer who shot people in two of three instances, Brent Taylor, claimed that he thought through every trigger pull of this gun. Rapid “pop, pop, pops” can be heard on video coming from Taylor’s gun. It is clear that he could not have formed a lawful reason to fire his gun at protesters, and the judge found his actions in contempt.

“While we don’t yet know what sanctions the court will order against the City and Portland Police, we do not have confidence in their ability to change their ways, based on the evidence of their behavior over time,” said Chavez. “We need a lasting remedy that removes the City’s ability to violate the constitution by using less-lethal munitions to silence dissent.”