OAKLAND, CA - JUNE 1: Protesters run away as police shoot tear gas and flash grenades to disperse the crowd on Broadway near the Oakland Police Department during the fourth day of protests over George Floyd's death by the Minneapolis police in Oaklan
OAKLAND, Calif. - Anti Police-Terror Project, an Oakland based activist group, was awarded a preliminary injunction against the City of Oakland in how its police department can use less-than lethal weapons, including tear gas, in crowd-control situations.
A federal judge with the U.S. District Court - Northern District of California issued the order on Wednesday prohibiting Oakland police from using munitions such as; rubber bullets, pepper balls and stinger grenades against crowds at protests and demonstrations.
"This Order provides that certain crowd control tactics and munitions shall not be used except in very limited circumstances. This Order should not be read as permission to use these tactics and munitions," U.S. District Judge Joseph Spero wrote.
Chemical agents -- including tear gas -- flash-bang grenades and other projectiles can only be deployed when there is an imminent threat of physical harm to a person, a significant destruction of property, and only when other techniques such as arrests or police formations have failed. The judge further ruled that these items cannot be indiscriminately launched into a crowd.
Even so, the judge's ruling states certain use of force, depending on the circumstance, may be unlawful based on existing precedent.
When dispersing a crowd, the judge requires OPD to make two announcements and to identify two means of escape and to allow the demonstrators time to exit the area.
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Last month, the same judge issued a temporary restraining order against OPD that limited their use of tear gas and rubber bullets during protests as a crowd-control measure.
Wednesday's order goes further by requiring police to make their badges and nameplates visible on their uniform or helmets during protests. In addition, police deployed to demonstrations and protests must have have their body-worn cameras on and recording at all times. Police vehicles cannot be used to disperse crowds and are limited to traffic control, observation and transportation.
Any law enforcement agencies brought in as mutual aid in these situations are subject to OPD policies and must be briefed on them beforehand. Any assisting departments are not allowed to be on the frontlines and they cannot bring weapons prohibited under the judge's orders for OPD.
In addition, the judge has ordered OPD incident, operations commanders and others to undergo special training by November 1, 2020.
Oakland police did not immediately respond to Bay City News service's request for comment on the injunction.
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Judge orders preliminary injunction against City of Oakland over crowd control policy - KTVU San Francisco
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