A federal judge held the city of Seattle and its police department in contempt on Monday for failing to stop the use of weapons against peaceful demonstrators at Black Lives Matter protests, USA Today reports.
After reviewing four protests from August and September, U.S. District Judge Richard Jones said police had used four weapons against peaceful protesters that had been barred: pepper spray, pepper balls, blast balls and paintballs.
In his new order, Jones added further restrictions on the use of less-lethal weapons, barring officers from using them to “re-route” protesters unless it is necessary to avoid physical harm. Officers must also issue a warning before using any weapons and they cannot throw weapons “indiscriminately into a crowd.”
Jones’s order was written in response to a motion filed by Black Lives Matter Seattle-King County against the city of Seattle and the Seattle Police Department (SPD).
One of the incidents Jones mentions in his writing was a vigil held for protester Summer Taylor, who was killed at a protest when a driver hit her with his car in July. The vigil was held in August during which a “car brigade” was formed to protect those at the vigil from traffic.
SPD said the brigade created several public safety hazards and blocked emergency vehicles from leaving or entering a patrol station. After telling the attendees to move their vehicles, police officers began pushing them back with batons. Officers also used pepper spray and at least one blast ball during the altercation, Jones found.
Jones also mentioned three September events in his ruling.
At a Sept. 7 protest calling for the abolishment of police unions, SPD used pepper spray, blast balls and pepper balls. SPD said it reacted in response to projectiles being thrown toward officers, including one Molotov cocktail that lit part of the street on fire.
During another protest on Sep. 22, officers used a single blast ball.
SPD again used banned weapons during a Sep. 23 protest at which protesters apparently threw a firework at SPD officers while others began a fire in the street.
Referring to a previous order, Jones wrote that the department and its officers cannot use less lethal weapons against “persons peacefully engaging in protests or demonstrations,” but the order clarified that individual officers could take necessary action to protect themselves and others and to prevent the destruction of property.
Jones issued the first order after he found the police department’s use of less-lethal weapons was unconstitutional and violated protesters’ rights.
Jones added, ”If an officer uses a less lethal weapon, then the use must be necessary, reasonable, proportional, and targeted.”
In a statement, Black Lives Matter Seattle-King County said, “We will continue to defend our rights until we achieve systemic change and accountability. We will not stop.”