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Judge Extends Order Limiting Missouri Police Use of Tear Gas

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Peaceful protester gasping after being hit with tear gas by police (Lawrence Bryant/St. Louis American)

Peaceful protester gasping after being hit with tear gas by police (Lawrence Bryant/St. Louis American)

JIM SALTER, Associated Press

ST. LOUIS (AP) — A federal judge on Tuesday extended for 45 days a temporary restraining order requiring Missouri law enforcement officers to give protesters a reasonable chance to disperse before using tear gas.

U.S. District Judge Carol Jackson extended the order she issued last month after attorneys for law enforcement agencies and protesters who are suing them said they were in settlement negotiations. The temporary order remains in effect until a settlement is reached or the judge decides whether the order should become permanent.

The two sides “are in good-faith settlement discussions,” attorney Denise Lieberman, who represents the protesters, told the judge. Attorney Michael Hughes, who represents Belmar, said that part of the discussion now centers on creating policies that must be approved by boards and elected officials overseeing the three policing agencies.

Protests have been common in St. Louis and the suburb of Ferguson since a white Ferguson police officer, Darren Wilson, shot and killed a black 18-year-old, Michael Brown, following a scuffle. Some of the protests turned unruly, even violent, and police sometimes used tear gas and other chemical agents, including during the most violent night of protests after a grand jury decided not to charge the officer, who has since resigned.

Jackson issued the temporary restraining order last month after six protesters filed a lawsuit against the “unified command” established by Gov. Jay Nixon to handle security at protests. The command is comprised of Missouri State Highway Patrol Capt. Ron Johnson, St. Louis County Police Chief Jon Belmar and St. Louis Police Chief Sam Dotson.

The temporary restraining order requires police to warn crowds of the impending use of tear gas, pepper spray and other chemical agents and provide “reasonable” time for people to disperse before tear gas is deployed.

The ruling does not define what is reasonable, leaving that to police discretion. Jackson wrote after last month’s hearing that evidence “establishes that law enforcement officials failed to give the plaintiffs and other protesters any warning that chemical agents would be deployed and, hence, no opportunity to avoid injury.”

Police testified that they did what was necessary during the often dangerous demonstrations.

Jackson’s order also prohibits the use of chemical agents on “non-criminal” protesters “for the purpose of frightening them or punishing them for exercising their constitutional rights.”

Protests against police brutality spread across the country after Nov. 24, when St. Louis County prosecutor Bob McCulloch announced the grand jury decision not to charge Wilson with a crime. The movement was fueled when another grand jury in New York decided to not indict a white officer in the death of Eric Garner, who died gasping “I can’t breathe” while police were trying to arrest him for allegedly selling loose, untaxed cigarettes.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Activism

Oakland Post: Week of April 24 – 30, 2024

The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024

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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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