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ACLU Sues Portland Police, Saying Officers Attacked Journalists At Protests

Hundreds of protesters gathered at the Multnomah County Justice Center in the third week of widespread demonstrations against structural racism and police violence on June 15, 2020. Throughout the night protesters shined flashlights and laser pointers at police officers and sheriffs deputies, who ultimately used physical force and less lethal munitions to disperse the crowd
Hundreds of protesters gathered at the Multnomah County Justice Center in the third week of widespread demonstrations against structural racism and police violence on June 15, 2020. Throughout the night protesters shined flashlights and laser pointers at police officers and sheriffs deputies, who ultimately used physical force and less lethal munitions to disperse the crowd

The American Civil Liberties Union of Oregon filed a class-action lawsuit Sunday, claiming Portland police are targeting and attacking journalists on duty at protests.

UPDATE (5:30 p.m. PT) 鈥 The lawsuit was filed by the ACLU of Oregon and Braunhagey & Borden LLP against the City of Portland, the Portland Police Bureau, and other local law enforcement agencies working under PPB鈥檚 direction.

The suit claims that police in Portland have tear-gassed, pepper-sprayed, beaten and arrested journalists, observers and other neutral bystanders who are documenting the police鈥檚 response to protests.

鈥淭he police should not be shutting down the public鈥檚 access to the messages and realities of protest in Portland鈥檚 streets where people are calling for an end to police killing of Black people,鈥 said Kelly Simon, interim legal director of the ACLU of Oregon in a statement.

鈥淧olice in Portland are making a mockery of the First Amendment by targeting journalists, using excessive force, and by using indiscriminate crowd-control weapons. Police actions have had a chilling effect on the media and protesters.鈥

The lawsuit was filed in U.S. District Court in Portland and lays out  at the hands of police.

Matt Borden, an attorney and partner at Braunhagey & Borden LLP, serves as co-counsel with the ACLU. Borden told OPB Sunday that under no circumstance should the police attack a person documenting the actions of a police officer.

"Attacking the press is considered to be a violation of international human rights and international norms. It's what happens in the most repressive countries in the world," Borden said.

"It should not be happening here, and it should not be happening in Portland."

OPB reporter is among those who documented a police confrontation that鈥檚 listed in the lawsuit.

鈥淥fficers informed [Levinson] that if he did not 鈥榬un,鈥 they would arrest him. They then violently arrested another individual and prevented Mr. Levinson from recording or reporting on the arrest,鈥 the lawsuit reads.

Journalist with The Oregonian/OregonLive on June 13.

鈥淪he had her hands up, press pass in hand, and was saying 鈥榩ress, press.鈥 The officer responded: 鈥業 don鈥檛 give a f鈥攌,鈥欌 the lawsuit reads.

The following Monday, Portland Mayor Ted Wheeler called Nakamura鈥檚 account of being attacked

鈥淛ournalists need to be able to cover the protests safely,鈥 Wheeler said, retweeting Nakamura鈥檚 description of the assault. 鈥淚 know [the Portland Police Bureau] works hard to protect the rights of our press, but there are alarming incidents that need to be addressed.鈥

The lawsuit seeks an order declaring law enforcement鈥檚 actions 鈥渦nconstitutional and prohibiting them from targeting and attacking journalists again.鈥 The lawsuit also seeks damages for injuries sustained.

Copyright 2020 Oregon Public Broadcasting

Donald Orr is a reporter for Oregon Public Broadcasting. He was a news production assistant for OPB through the Emerging Northwest Journalists Internship created by AAJA-Portland and the Society for Professional Journalists Oregon. He is an alum of NPR鈥檚 Next Generation Radio.