Portland Protest: Couple Nearly Hit by Tear Gas Canister
- A federal judge in Oregon has temporarily restricted federal officers from deploying tear gas at protests taking place at the U.S.
- District Judge Michael Simon’s temporary restraining order, effective for 14 days, limits the use of chemical and projectile munitions.
- Judge Simon, in his written order, stated that the nation “is now at a crossroads.” He emphasized the importance of free speech, newsgathering, and nonviolent protest within a...
Federal Restrictions on Tear Gas Use Near Portland ICE Facility
A federal judge in Oregon has temporarily restricted federal officers from deploying tear gas at protests taking place at the U.S. Immigration and Customs Enforcement (ICE) building in Portland, Oregon. The ruling, issued on , comes just days after federal agents used tear gas on a crowd of demonstrators, including young children, which local officials described as peaceful.
U.S. District Judge Michael Simon’s temporary restraining order, effective for 14 days, limits the use of chemical and projectile munitions. According to the order, federal officers are prohibited from using such devices against individuals who do not pose an “imminent threat of physical harm,” or those who are simply trespassing or refusing to disperse. The judge also stipulated that munitions should not be aimed at the head, neck, or torso unless officers are legally justified in using deadly force.
Judge Simon, in his written order, stated that the nation “is now at a crossroads.” He emphasized the importance of free speech, newsgathering, and nonviolent protest within a constitutional democratic republic, asserting that these rights should be “permitted, respected, and even celebrated.”
The legal action stems from a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists covering the demonstrations. The suit names the Department of Homeland Security, its head Kristi Noem, and President Donald Trump as defendants. The ACLU argues that the use of chemical munitions and excessive force by federal officers is a retaliatory measure against protesters, infringing upon their First Amendment rights.
Apartment Window Shattered by Tear Gas Canister
On , during a protest involving thousands of demonstrators, a tear gas canister fired by federal officers shattered a window in an apartment building near the ICE facility. The building, Gray’s Landing, is a 209-unit low-income housing complex owned by Reach Community Development.
Margaret Salazar, CEO of Reach Community Development, reported that the third-floor unit was occupied at the time of the incident. While the resident was shaken, they were unharmed, and the double-paned window prevented tear gas from entering the apartment. Salazar noted the fortunate impact of energy-efficient design in protecting the resident.
This incident is part of a larger pattern of disruption for residents living near the Portland ICE building, who have reported experiencing sleepless nights, anxiety, and the constant noise of protests and law enforcement activity. Residents have described attempts to mitigate the effects of tear gas by closing windows, turning up televisions, and coping with the overall stress of the ongoing situation.
Ongoing Legal Challenge
Reach Community Development filed a federal lawsuit in December alleging that federal officers’ use of chemical munitions constitutes a “shocking and unconstitutional poisoning” of residents and their apartments. The organization has requested a judge to halt the use of tear gas. A motion for a preliminary injunction was submitted on , and a hearing is scheduled for .
A Portland couple reportedly had a near miss during Saturday’s protest, almost being struck in the face by a tear gas canister deployed by federal agents. Details of this incident were shared on Facebook.
The restrictions imposed by Judge Simon represent a temporary measure as the legal challenges surrounding the federal government’s response to protests at the Portland ICE facility continue to unfold.