Court Battles

Justice, civil rights groups reach settlement on Lafayette Square protests

The Justice Department and civil rights groups on Wednesday reached a settlement partially resolving a series of lawsuits following a 2020 protest outside the White House during which federal law enforcement violently dispersed demonstrators with tear gas.

The Biden administration agreed to make changes to how the Secret Service and U.S. Park Police handle large protests after nearly two years of litigation that began while former President Trump was in office.

“The federal government is committed to the highest standards for protecting civil rights and civil liberties in any federal law enforcement response to public demonstrations,” Vanita Gupta, the No. 3 official in the Justice Department, said in a statement. “These changes to agency policies for protest responses will strengthen our commitment to protecting and respecting constitutionally protected rights.”

The incident came during nationwide protests against police brutality in the summer of 2020. A large demonstration had swelled near Lafayette Square outside the White House, and then-Attorney General William Barr ordered law enforcement officers to clear out the protesters right before Trump crossed the street for a photo opportunity at a historic church.

The settlement announced Wednesday resolves parts of four separate lawsuits that were filed by demonstrators and civil rights groups. It implements a series of changes to how federal law enforcement responds to protests, including requiring Park Police to allow protesters to safely withdraw from areas where demonstrations are being dispersed and prohibiting officers from using certain intimidating tactics.

“Federal officers’ shocking and unprovoked attack against civil rights demonstrators raising their voices in front of the White House to oppose police brutality and racism was a frontal assault on the fundamental American ideals of freedom of speech, freedom of assembly, and racial justice,” Scott Michelman, the legal director of the American Civil Liberties Union’s D.C. chapter, said in a statement. “We are pleased that the Biden Administration is taking an important step to protect protesters’ rights so that what happened on June 1, 2020 doesn’t happen again.”

Radiya Buchanan, one of the plaintiffs who was present at the demonstration, applauded the changes in the settlement.

“When they began to shoot what I believe were tear gas canisters into the crowd, it sounded like bombs were exploding, and the scene quickly resembled a war zone,” Buchanan said in a statement. “People were running over each other, looking for anything to pour into their eyes to stop the burning all while trying to dodge flares and gas canisters. It did not feel like we were in America.”