ACLU of Oregon Wins Emergency Order to Stop Department of Homeland Security Officers from Retaliating Against Portland ICE Building Protestors

Portland, ORE — Today, a federal judge in Oregon issued a temporary restraining order in Dickinson (a.k.a. "the Portland Chicken") v. Trump that prohibits Department of Homeland Security (DHS) officers from using crowd control munitions, including pepper balls and tear gas, in retaliation against people for nonviolently protesting DHS violence and reporting on it at the Portland ICE Building. Plaintiffs, protesters and journalists, are represented by the ACLU of Oregon and its cooperating attorneys at Albies & Stark, the People’s Law Project, Singleton Schreiber and BraunHagey & Borden LLP.

The court’s order prohibits DHS officers and any officers acting in concert with them from the following:

• Directing or using chemical or projectile munitions in any manner, unless the specific target of such a device poses an imminent threat of physical harm to a law enforcement officer or other person.
• Firing any munition or weapon at the head, neck, or torso of any person, unless the officer is legally justified in using deadly force against that person.
• Targeting any person with a less lethal munition if doing so would endanger any other individual who does not pose an imminent threat of physical harm.

The order will be in place for 14 days and is limited to the area at or in the vicinity of the Portland ICE Building. The order does not prevent DHS from making lawful arrests when they have probable cause to believe that the subject of the arrest has committed a crime.

Like thousands across the country, Portland protesters have been regularly exercising their First Amendment rights in response to ongoing and nationwide government brutality. Over the last few weeks, protesters at the Portland ICE Building have experienced an escalating pattern of unnecessary, excessive, and indiscriminate violence. The Department of Homeland Security has responded to nonviolent, nonthreatening protesters with heavy handed uses of munitions like pepper balls and large volumes of tear gas that threaten the safety and rights of Oregonians. Over this past weekend, gas was used on a crowd of people that included families with young children, elderly people, and Oregonians from all walks of life.

Not only are DHS’s extreme actions violating protesters’ First Amendment rights, but they also pose an imminent risk that officers will seriously maim or kill someone, as they have done repeatedly within the last few weeks in other parts of the country.

“It has been inspiring to see Oregonians rising together with love, nonviolence, and creativity to oppose the Trump Administration’s cruelty. The Department of Homeland Security’s pattern of violently retaliating against protesters and documenters flies in the face of any notion of order, safety, or freedom. This ruling affirms that, in Oregon, we still love our neighbors and believe in the power of our constitutional freedoms, including the freedoms of assembly, speech, and the press, to build a better future for all of us.” said Kelly Simon, Legal Director, ACLU of Oregon.

“I am grateful that Judge Simon agreed that cruelty is not an appropriate response to dissent. Since June, the Trump regime has subjected people in Portland to chemical weapons and violence because they are offended by our words. This administration should hear our grievances and halt their barbaric treatment of our communities. Until then, I hope Portland will continue to show up and exercise our First Amendment rights. Our voices are needed most in times like now,” said Plaintiff, Jack Dickinson (a.k.a “the Portland Chicken”).

“This TRO is so meaningful to me. I am just one of many journalists that have been assaulted over and over again at the Portland facility since the protests began last spring. For freelance journalists, like myself, this is an important step to protect our lives, livelihoods, and our ability to tell the truth to the public about what is happening in our communities. This administration's repeated violations of our constitutional rights have hindered our ability to share our coverage with the world for too long,” said Plaintiff, Hugo Rios.

“I am relieved that the judge granted our clients relief and hope this order means that people can be less afraid of being retaliated against for protesting this Administration’s cruelty. People should not have to withstand copious amounts of tear gas week after week to exercise their First Amendment rights. It’s a very important time for free speech and assembly, and I’m happy to see the court protecting that,” said Jane Moisan,attorney, The People’s Law Project.

“We are thankful for the court’s order. Our nation was born out of protests, and protests have shaped our progress ever since. Our democracy depends on insulating this important right from government violence,” said Matt Borden, co-founding partner, BraunHagey & Borden.

“We are immensely proud to join the ACLU of Oregon in protecting the First Amendment rights of all individuals who are standing up to the federal government through peaceful protest,” said Kimberly Hutchison, partner, Singleton Schreiber.

While today’s order currently expires in 14 days, the court may extend the order for an additional 14 days if there is good cause to do so or if the parties agree to an extension. On March 2, the parties will begin an evidentiary hearing about whether the court should enter a longer standing preliminary injunction order that could similarly limit DHS’s use of munitions at protests at the Portland ICE Building.

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