Federal Judge Bars Denver Police From Using Chemical Weapons on Protesters
By Jake Johnson
A federal judge late Friday issued a temporary order barring the Denver Police Department from using projectiles and chemical weapons such as tear gas against peaceful demonstrators, condemning the conduct of some officers against protesters across the nation in recent days as "disgusting."
"The time is past to rely solely on the good faith and discretion of the Denver Police Department and its colleagues from other jurisdictions," wrote Judge R. Brooke Jackson of the U.S. District Court for the District of Colorado in his 11-page order. "The Denver Police Depart has failed in its duty to police its own."
The restraining order, which took effect immediately, comes in response to a lawsuit filed on behalf of four Denver protesters who said the use of "pepper spray, pepper balls, rubber bullets, flashbang grenades, and tear gas" by city police during a May 28 demonstration against the killing of George Floyd violated their constitutional rights. Jackson's ruling came just hours after Seattle Mayor Jenny Durkan, a Democrat, imposed a 30-day ban on police use of tear gas, which is banned in warfare.
"If immediate relief is not granted, plaintiffs' speech would be chilled and outright denied over the next several days or weeks of demonstrations," Jackson wrote. "Indeed, irreparable harm has already occurred in the form of physical injury and the suppression of speech."
"People have an absolute right to demonstrate and protest the actions of governmental officials, including police officers," Jackson continued. "It is one of the many freedoms on which this country was built ... Citizens should never have to fear peaceful protest on the basis of police retaliation, especially not when protesting that very same police violence."
While Jackson's order was described as "extraordinary" and applauded as a positive step that should be replicated nationwide, it is not without loopholes. As the Colorado Sun reported, Jackson's order allows Denver police to use chemical agents and some projectiles against demonstrators "if an on-scene supervisor at the rank of captain or above specifically authorizes such use of force in response to specific acts of violence or destruction of personal property that the supervisor witnessed."
Reposted with permission from Common Dreams.
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<div id="13077" class="rm-shortcode" data-rm-shortcode-id="11b9fe5ff48ebc437353df6df9c2c892"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1305915938148147205" data-partner="rebelmouse"><div style="margin:1em 0">Just a week before the Trump administration issued an executive order aimed at keeping meat packing plants open, th… https://t.co/DkbXgPm4YR</div> — ProPublica (@ProPublica)<a href="https://twitter.com/propublica/statuses/1305915938148147205">1600189597.0</a></blockquote></div>
<div id="36e4c" class="rm-shortcode" data-rm-shortcode-id="e7c8048c2755109629a3b3072fcb3261"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1304424041814593539" data-partner="rebelmouse"><div style="margin:1em 0">Meatpacking union @UFCW, which reps workers at this plant (four of whom died), slams OSHA for the small $13k fine a… https://t.co/tnhfKd89ab</div> — Dave Jamieson (@Dave Jamieson)<a href="https://twitter.com/jamieson/statuses/1304424041814593539">1599833901.0</a></blockquote></div><p>The United Food and Commercial Workers (UFCW) International Union, which represents Smithfield Foods workers, <a href="https://www.argusleader.com/story/news/crime/2020/09/10/osha-fines-smithfield-foods-sioux-falls-south-dakota/5768786002/?eType=EmailBlastContent&eId=f7bf3f03-ce98-4df4-9c45-f44d9a6a5890" target="_blank">slammed</a> the fine as "insulting and a slap on the wrist."</p><p>"How much is the health, safety, and life of an essential worker worth? Based on the actions of the Trump administration, clearly not much," said UFCW president Marc Perrone.</p><p>"This so-called 'fine' is a slap on the wrist for Smithfield, and a slap in the face of the thousands of American meatpacking workers who have been putting their lives on the line to help feed America since the beginning of this pandemic," Perrone added. </p><p>Other critics, including vegans, vegetarians, and animal rights and environmental advocates argued that the accelerated spread of Covid-19 from meatpacking facilities is but the latest compelling argument in favor of reducing—or eliminating—meat consumption.</p><p>"We know that Covid-19 originated in a meat market and that previous influenza viruses originated in pigs and chickens," People for the Ethical Treatment of Animals (PETA) <a href="https://www.peta.org/blog/meat-shortage-slaugherhouses-go-vegan/" target="_blank">said</a> in April amid news that a Foster Farms slaughterhouse in Livingston, California was <a href="https://www.peta.org/blog/coronavirus-covid-19-slaughterhouse-meat-concerns/?utm_source=PETA::Twitter&utm_medium=Social&utm_campaign=0420::veg::PETA::Twitter::Workers%20Blame%20Major%20Pig%20Slaughterhouse%20600%20Infected%20COVID-19::::tweet" target="_blank" rel="noopener noreferrer">ordered closed</a> by local health authorities due to a Covid-19 outbreak that killed eight employees.</p>
<div id="28490" class="rm-shortcode" data-rm-shortcode-id="48ddd3480a2beb42597d9516ef652f0f"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1252416495990140929" data-partner="rebelmouse"><div style="margin:1em 0">THIS IS OUTRAGEOUS! @SmithfieldFoods allegedly took NO PRECAUTIONS to protect the safety of its workers, leaving o… https://t.co/viAJ026pLy</div> — PETA (@PETA)<a href="https://twitter.com/peta/statuses/1252416495990140929">1587434336.0</a></blockquote></div><p>"It's not a matter of <em>whether</em> using and killing animals for food will give rise to another disease outbreak—it's a matter of <em>when</em>," said PETA. "There has never been a better, more obvious time for businesses to put an end to their dirty trade of slaughtering animals for their flesh." </p>
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