June 6, 2018
Page 5
Unlawfully Held
C ontinued from f ront
sitive time for the city, following
a double murder on a MAX light
rail train in which Jeremy Chris-
tian, a 35-year-old Portland res-
ident, was accused of stabbing
three men, killing two of them,
who came to the defense of two
Muslim women from his alleged
racist and Islamophobic taunts.
Christian had been filmed at a Pa-
triot Prayer demonstration in east
Portland the month before the at-
tack where other demonstrators
tried to kick him out for spewing
white nationalist rhetoric.
In the protests countering a
pro-Trump rally that followed,
the ACLU lawsuit claims the po-
lice actions against innocent peo-
ple expressing their rights were
heavy-handed, frightening and
dangerous. They said bystanders
were detained without individual-
ized probable cause or reasonable
suspicion, making the actions un-
constitutional.
The ACLU says the detain-
ments trampled on the First and
Fourth Amendments—freedom of
speech and unreasonable search
and seizure -- as well as Oregon’s
Constitution, for not having prob-
able cause or reasonable suspicion
when they detained individuals.
Besides Mayor Ted Wheeler,
who oversees the Portland Police
Bureau and was said to be at a
police command center when the
kettle occurred, the lawsuit names
a number of police officers as de-
fendants, including Dan DiMatto,
Chris Lindsey, Jason Christensen,
Michael Pool, Justin Rapheal, and
Kerri Ottoman, but more may join
them.
When police used the “kettle”
technique to hold people, they
were not given access to food or
bathrooms for nearly an hour and
only allowed to leave after police
photographed each individual, de-
manded IDs, and recorded their
identifying information.
Although then-police Chief
Mike Marshman first denied use
of the photos and then insisted
that “any photographs not used
in a criminal investigation will be
purged pursuant to PPB policy,”
the Independent Police Review re-
port found that they have still not
been deleted, nor were there pol-
icies in place about the retention
of digital images. Now, the photos
cannot be destroyed due to a court
protective order.
The IPR report also revealed
an admission from an unidenti-
fied police lieutenant that police
treated anti-Trump protestors dif-
ferently than Trump Rally dem-
onstrators. Many community
members expressed a concern that
police were being preferential to
the Trump Rally, the report stated.
Rose City Antifa’s lack of lead-
ership and hierarchical structure
made it difficult for police to com-
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municate lawful orders to them,
the lieutenant said.
The independent review stated
that the bureau “should recognize
that leaderless or less hierarchical
groups are not inherently more
dangerous and should not be treat-
ed differently.”
In response to the IPR report,
police said media or legal observ-
ers at protests in the future will not
be arrested or detained “solely for
their role in observing, capturing
and/or reporting on demonstra-
tions or events” so long as they
“obey all laws and follow all law-
ful orders.”
The bureau also agreed that
mass detentions should only be
carried out under “extraordinary
circumstances.”
The IPR report also recom-
mended that police use cameras
during crowd events and keep a
recording of encrypted radio chan-
nels for criminal proceedings and
transparency. The bureau agreed
to add cameras and plan to release
a feasibility plan to Chief Danielle
Outlaw by July 1, but disagreed
about recording encrypted radio
channels, citing officer and public
safety.
The bureau said it plans to add
guidance in regard to photograph-
ing detained individuals to their
policies effective this October.
The ACLU of Oregon is ask-
ing people who were detained by
police and prevented from leav-
ing the June 4, 2017 protest to
contact them via their website at
action.aclu.org/legal-intake/june-
4-2017-kettle-lawsuit.
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