Judge Rules St. Louis Police Can't Use Chemicals On Protesters

ST. LOUIS, MO — A federal judge in St. Louis ruled Wednesday that police are forbidden from using chemicals like mace or pepper spray to shut down non-violent protests or to punish protesters. In addition, the St. Louis Metropolitan Police Department must immediately take steps to protect the constitutional rights of protesters, observers and bystanders.

The American Civil Liberties Union Of Missouri sued police last month for what the group claimed were unconstitutional actions at recent protests throughout the city. The allegations included arbitrary arrests, indiscriminate use of chemical irritants, and a controversial tactic known as "kettling," where protesters are asked to disperse then prevented from doing so and arrested en masse.

One such mass arrest in September swept up bystanders, journalists and protesters alike. The court affirmed an absolute right to photograph or video record anything in plain sight in a public space where an individual has a right to be present, such as a home, place of business, or street. That includes police officers. Police may not ask to see photos or recordings that have been made of law enforcement actions, and if an individual is arrested, their photos and videos must be preserved as evidence.

Today's preliminary injunction will stand until the ACLU's lawsuit plays out in court. The judge has said it is likely to succeed on the merits.

“This court decision is a win for the people of St. Louis and for the First Amendment,” said ACLU of Missouri legal director Tony Rothert in a statement. “By requiring police to adopt these common-sense solutions, we can protect rights of the people to express their concerns about the troubling racial disparities in policing.”

U.S. District Judge Catherine Perry wrote that the order is needed to protect First Amendment rights during ongoing protests, which have continued for weeks following the acquittal of former police officer Jason Stockley for murder in the 2011 shooting of a black motorist, Anthony Lamar Smith.

Perry's order also prevents police from declaring an assembly unlawful unless there is an imminent threat of violence to people or property. Police have defended their actions in court by saying protesters threw rocks at officers, but the ACLU has responded by saying a thrown rock does not overturn the First Amendment.

"The City of St. Louis does not require, and will not provide, a permit for protests," Perry wrote in her decision. Other protests, such as an LGBTQ march in February and an immigrants' rights march later in the spring of 2017 were treated much differently than protests against police, she said.

“If St. Louis is to address its long-standing racial inequities, the community must be able to safely express its outrage and pain through nonviolent freedom of speech,” ACLU of Missouri Executive Director Jeffrey Mittman said. “We must use this as an opportunity to develop a collaborative approach to policing between the community and law enforcement.”

The Associated Press contributed to this report.

Photo by Jeff Roberson/Associated Press