In September of 2017, the American Civil Liberties Union of Missouri sued the city of St. Louis and its police force after officers responded to peaceful demonstrations with excessive force. In what has come to be known as the โkettle,โ more than 100 victims were arrested and testified that they were surrounded, beaten, pepper-sprayed and taunted as they kneeled or laid on the ground.
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That November, U.S. District Judge Catherine Perry issued a preliminary injunction prohibiting police from using maceโor threatening to do soโon any protester who posed no imminent threat of violence.
โPlaintiffsโ evidenceโboth video and testimonyโshows that officers have exercised their discretion in an arbitrary and retaliatory fashion to punish protesters for voicing criticism of police or recording police conduct,โ Perry wrote at the time.
The police agreed to comply.
But now a little over a year later, the River Front Times reports that lawyers have filed a motion in U.S. District Court demanding that restrictions be lifted on their ability to declare protests โunlawfulโ and to resume the use of chemical agents such as pepper spray to deescalate public outcries. It notes:
๏ปฟOn Friday, the attorneys from the St. Louis City Counselorโs Office rolled out a sprawling request for a federal judge to let cops again mace nonviolent protesters.
It is quite the document, in which the lawyers argue that everyone โ including, yes, maced protesters and random people caught up in mass arrests โ owe the police a โdebt of gratitudeโ because St. Louis didnโt experience โthe violence and terror of full-scale riotsโ in 2017 after ex-cop Jason Stockley was acquitted of murder.
According to the St. Louis Post-Dispatch, in their 39-page motion, city lawyers argue that the ACLU โinveigled the Court into improvident intrusion into police practices in the City of St. Louisโ by โtelescoping evidence of select portions of a connected series of mass demonstrations in the City in the fall of 2017.โ
The motion also expresses concerns that Perryโs order could โweaken the cityโs legal position in civil lawsuits filed by protesters and others over police activity,โ while citing civil lawsuits as โremediesโ for alleged misconduct in place of โfederal judge intervention into city affairs.โ
While refusing to acknowledge police misbehavior, lawyers also presented a list of every protest since 2012 and declared that the police use of force has been โrare.โ
In response to the motion, Tony Rothert, legal director of ACLU of Missouri offered the following: โWeโll be responding, but we see the case differently, of course.โ He noted that when nearing the end of an exchange of evidence, that a motion of this nature is common.
The motion makes for a pretty interesting read. And for those interested, itโs available here.
Weโll keep you updated as this story develops.
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