Portland judge: Journalists, legal observers exempt from orders to disperse
PORTLAND, Ore. (AP) — Some journalists and legal observers will be exempt from Portland police orders requiring protesters to disperse after an unlawful assembly or riot is declared, under a 14-day temporary order issued by a judge Thursday.
Police also cannot arrest, threaten to arrest or use physical force against a person “who they know or reasonably should know” is a journalist or legal observer.
The request for the restraining order came in a class-action lawsuit filed this week by the American Civil Liberties Union of Oregon against Portland police and the city on behalf of journalists and legal observers who they say were targeted and attacked by the police while documenting protests.
“We are very pleased that the court granted some relief prior to the long holiday weekend,” said Matthew Borden, partner at BraunHagey & Borden LLP who is serving as co-counsel with the ACLU. “We hope that this creates a needed shield for members of the press and legal observers documenting how police are treating protesters.”
The court order says journalists may be identified by having a press pass, badge, or clothing that identifies them as a member of the press. Legal observers included in the order can be identified by green National Lawyers Guild hats or blue ACLU of Oregon vests.
The suit filed in U.S. District Court in Portland says police have used tear gas, shot rubber bullets and thrown flash bangs at journalists and legal observers in addition to arresting them. The complaint lists six primary plaintiffs—two ACLU observers and four journalists.
The suit seeks damages for those injured by the conduct.
A City of Portland spokesperson has said the city does not comment on pending litigation.
Judge Grants Temporary Restraining Order to Protect Journalists and Legal Observers Covering Protests in Portland
PORTLAND, Ore.—U.S. District Judge Michael Simon issued a temporary restraining order blocking police from dispersing, arresting, threatening to arrest, or using physical force against journalists or legal observers at protests.
“We are very pleased that the court granted some relief prior to the long holiday weekend,” said Matthew Borden, partner at BraunHagey & Borden LLP. “We hope that this creates a needed shield for members of the press and legal observers documenting how police are treating protesters.”
The court order said journalists may be identified by carrying a press pass, press badge, or distinctive clothing that identifies the wearer as a member of the press. Legal observers included in the order can be identified by their green National Lawyers Guild hats or blue ACLU of Oregon vests.
“In this moment when the community is demanding the dismantling of oppressive systems like policing, legal observers and journalists are an important part of this truth and reckoning,” said Juan Chavez, Northwest Vice President of the National Lawyers Guild. “We’re grateful that the court has appreciated this grave threat against the rights of people in the streets.”
Police also may not seize any photographic equipment, audio- or video-recording equipment, or press passes from journalists and legal observers, or order journalists or legal observers to stop photographing, recording, or observing a protest.
“We are hopeful this order gets police in Portland one step closer to respecting the Constitution instead of violently suppressing those documenting them abusing it, said Kelly Simon, interim legal director at the ACLU of Oregon. “Police need to know that everybody is watching.”
Ian McCurley, law student at Lewis & Clark Law School, has been coordinating National Lawyers Guild legal observers in Portland since the protests began. “The legal observer’s ability to document police violence is an important first step towards holding the police accountable. The repeated attempts by police to prevent recording and intimidate legal observers make it clear they understand that.”
The class action lawsuit was filed by the ACLU Foundation of Oregon and BraunHagey & Borden LLP Sunday against the City of Portland and Portland law enforcement on behalf of journalists and legal observers who were targeted and attacked by the police while documenting protests in Portland over the killing of George Floyd.
Attorneys on the case include Matthew Borden, Athul Acharya, and Gunnar Martz of BraunHagey & Borden LLP; and Kelly Simon of the ACLU Foundation of Oregon.
