In the wake of protesters saying they are being suppressed following the Jayland Walker grand jury "no bill," Ohio-based civil rights law firm Friedman, Gilbert and Gerhardstein has filed a lawsuit and motion for an emergency order against the City of Akron for the unlawful restriction of constitutionally protected speech, according to the law firm.
Before the special grand jury came to a decision last week on whether or not to indict the eight officers who shot and killed Walker last June, the law firm points out that the City of Akron closed municipal buildings, blocked off public areas and equipped police with military-style weapons.
RELATED: Police deploy gas canisters, pepper spray on Jayland Walker demonstrators
The law firm says that Akron police officers have committed gross misconduct, subjecting protesters to excessive force, unlawful stops, and unlawful arrests when demonstrations have taken place.
"We woke up Thursday morning to people who had been incarcerated for peacefully demonstrating, people who have suffered the use of chemical weapons from peacefully demonstrating. It was time to do something. It was clear at that time Akron's not going to do the right thing," attorney Elizabeth Bonham said.
Akron's chief communications officer Stephanie Marsh emailed this response to our request for a response from the city: "Considering the city is now facing pending litigation we won’t be commenting on this."
Friedman, Gilbert and Gerhardstein is representing the Akron Bail Fund.
News 5 Investigators met up with Eric, a member of the group.
"Truly it's like in the city's hands to resolve these issues; the fact that they continue to double down and not do them they're not making it easy on themselves," Eric said.
“This gross abuse of police power began nine months ago, and this week Akron continued its unconstitutional violence and censorship against these peaceful protesters and their message,” said Friedman, Gilbert and Gerhardstein partner Sarah Gelsomino. “We must stop Akron and its police department from further violating First Amendment rights, and this motion for an emergency order will allow demonstrators to exercise this right.”
The firm has also taken action on behalf of Jayland Walker demonstrators from protests in September, filing a motion to dismiss charges against those who were unconstitutionally arrested.
The city of Akron responded in court records to the motion saying Akron Bail Fund doesn't have enough cause to stand up in court and failed to show a city policy or practice was the moving force behind a constitutional violation.
Joint Stipulated Order issued
Friday night, the City of Akron and the Akron Bail Fund came to an agreement in a joint stipulated order that restricts the city and its police force from "using non-lethal force on non-violent protesters."
“After today’s hearing, the City of Akron has agreed to a temporary order which prohibits it from using excessive force against peaceful protesters,” said Friedman, Gilbert and Gerhardstein partner Sarah Gelsomino in a news release. “The order requires the City to recognize protester rights under the First Amendment. We hope that with this order, unnecessary violence against demonstrators will stop.”
The joint stipulated order, which was filed in U.S. District Court, followed a motion by the Akron Bail Fund on Thursday seeking a temporary restraining order against the city and the police department.
The order identifies nonviolent protesters as including individuals who are "chanting, verbally confronting police, sitting, holding their hands up when approaching police, occupying sidewalks or streets apart from expressways or freeways, and/or passively resisting police orders in connection with the exercise of rights of free speech and association under the First Amendment."
Specifically, it prohibits police from using non-lethal force on nonviolent protesters to "enforce dispersal orders, traffic laws such as clearing the streets or sidewalks, and/or misdemeanors, that were not committed with actual or imminently threatened physical harm or property destruction or with attempted or actual trespass on private property or secured government buildings/facilities, areas, structures, or critical infrastructure including hospitals and the like, or that impede emergency services vehicles including ambulances and the like," the order states.
Nonlethal force is described in the order as the following:
- tear gas
- pepper spray
- flashbangs
- rubber bullets
- wooden pellets
- batons
- body slams
- pushing
- pulling
- kettling (confinement of protesters in a small area as a form of crowd control)
It further states that Akron police, or any other agency working for it, is prohibited from using pain to punish or deter nonviolent protesters.
Police may only "enforce dispersal orders, traffic laws such as clearing the streets or sidewalks, and/or misdemeanors....against nonviolent protesters, to the extent practicable, through citations or arrests, based on probable cause," according to the order.
The order also states that media is "permitted to be present in a position enabling them to record" protests as long as they are not interfering in an arrest or entering a closed-off crime scene.
Any agency not under Akron's direction and control is not considered part of the order.
“The City of Akron should be ensuring that protected demonstrators can safely get their message heard, not punishing them for exercising their rights. This is a major victory for the Akron Bail Fund and other demonstrators,” said Friedman, Gilbert and Gerhardstein attorney Elizabeth Bonham in the news release.
The Akron Police Department responded Saturday, stating that the actions officers took against protesters earlier in the week were due to protesters throwing objects at officers.
"Yesterday’s agreement stipulates that Akron police officers cannot use chemical irritants on nonviolent protestors, which has never been our policy or practice to begin with,” said Akron Police Chief Steve Mylett. ”The Police Department’s recent response on Wednesday, April 19 is in line with the agreement signed yesterday. The evidence supports the officer’s use of OC spray to disperse the crowd on Copley Rd. due to various objects being thrown at police officers. This department supports peaceful protest and will continue to do so.”
Mylett released a video on Facebook discussing the protests this week and the department's response. You can watch it in the player below:
Following Akron police's release of body cam video, policing expert Kalfani Ture evaluated it and believes that the response to the protesters could have been different.
"There were expletives that were thrown at the officers. There were objects thrown at the officers. There was this obstruction of of the intersection, a significant obstruction, which in and of itself places the community at risk," Ture said. "I think that those of us who understand these types of events, you want to do as much as possible to deescalate. And so I was a little put off by the use of apparently tear gas and also pepper spray."
Ture, who is a professor at Mount St. Mary's University and part of Yale University's Urban Ethnography Project, has an extensive background as a former police officer.
After seeing the situation in Akron Wednesday unfold, Ture said that order was needed—but saw ways the officers could have acted before defaulting to the use of chemical irritants.
"There was a need to give order. I just think that the use of tear gas and pepper spray is escalatory. And so in that moment and we train for these types of moments, to be quite frank, what was the alternative?" Ture said. "I think that they could have waited a bit. They could have redirected traffic. I'm not sure that the teargas was the best decision."
Akron Mayor Dan Horrigan issued the following statement about this week's protests:
"It’s important to note that the use of chemical irritants on Wednesday, April 19th was consistent with the Court’s order. And while some may not agree with the use of chemical irritants, the facts remain that when people start throwing objects at police officers, they are no longer peaceful. The safety of all of our citizens is paramount and when we have dozens of cars blocking EMS routes, it becomes a public safety issue for everyone. As we’ve said all along, this city and this police department continue to respect and support the rights of our citizens to protest and make their voices heard but to do so nonviolently.”
The department said the city would not use chemical irritants against nonviolent protesters "except in situations that involve violent activity" or property damage or in cases where emergency service personnel like EMS and firefighters are impeded from being able to respond.
“It is absolutely critical that fire trucks and EMS vehicles be able to quickly and efficiently get to their locations,” said Fire Chief Joseph Natko. “Even an extra ten seconds getting a patient to the hospital or getting to the scene of a fire can literally mean life or death. Keeping our main access routes clear is imperative for public safety.”
CLICK HERE to read the full order.
The order is set to expire in two weeks.
RELATED: Protesters frustrated by Wednesday dispersal, damage; pledge to continue demonstrating
CLICK HERE to read continuing coverage on Jayland Walker.
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