A federal judge in Oregon has imposed restrictions on the use of tear gas and other chemical munitions by federal officers at protests outside the US Immigration and Customs Enforcement (ICE) building in Portland. The preliminary injunction, issued by US District Judge Michael Simon, follows a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of demonstrators and freelance journalists.
During a three-day hearing, plaintiffs including a protester in a chicken costume, an elderly married couple, and two freelance journalists testified about being subjected to chemical or projectile munitions. Judge Simon noted that video evidence unambiguously showed officers spraying pepper spray directly into the faces of peaceful protesters and firing tear gas and pepper-ball munitions into crowds without prior dispersal warnings.
“Defendants' conduct – physically harming protestors and journalists without prior dispersal warnings – is objectively chilling,” Simon wrote. The lawsuit argues that the use of such munitions violates First Amendment rights by retaliating against protesters.
The injunction limits federal agents from using chemical or projectile munitions unless someone poses an imminent threat of physical harm. It also prohibits firing at the head, neck, or torso unless deadly force is justified. Additionally, pepper spray may only be used against individuals engaging in violent conduct or actively resisting arrest, not as an indiscriminate crowd-control measure.
Judge Simon granted provisional class certification, meaning the order protects all peaceful protesters and journalists at the Portland ICE building demonstrations. The Department of Homeland Security has not commented on the ruling but previously stated that officers used minimum force in line with training. The injunction will remain in effect while the case proceeds.
