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Lawsuit claims Medford police illegally surveilled activists

The harm reduction organization Stabbin' Wagon distributes overdose medication in Medford, Oregon on January 27th, 2024.
Justin Higginbottom
/
JPR
The harm reduction organization Stabbin' Wagon distributes overdose medication in Medford, Oregon on January 27th, 2024.

The ACLU of Oregon is suing the City of Medford, alleging police illegally monitored progressive political activists.

A by civil liberties group ACLU of Oregon and its legal partners claims Medford police broke state law by monitoring the social media accounts of local organizers.

Those named in the lawsuit that are alleging unlawful targeting are the mutual aid and educational group Rogue Valley Pepper Shakers and harm reduction non-profit Stabbin鈥 Wagon. Melissa Jones, former director of Stabbin鈥 Wagon, is also a plaintiff.

The lawsuit shows communication between Medford Police Department staff, provided through a public records request by the group , revealing online monitoring of social justice groups and events.

The events that police gathered information on include a drive-in movie celebrating Juneteenth and protests against the Supreme Court overturning the constitutional right to abortion, according to court documents. Both gatherings were peaceful.

A 1981 Oregon law, , bans law enforcement from collecting information about the 鈥渢he political, religious or social views, associations or activities鈥 of any group or individual unless the monitoring is directly related to the investigation of a crime.

Kelly Simon, legal director with the ACLU of Oregon, said police surveillance of Rogue Valley Pepper Shakers and Stabbin鈥 Wagon violated this law.

鈥淭hese aren't public safety threats. People aren't engaged in crime,鈥 said Simon. 鈥淏ut the police are being distracted by useless information and that sort of waste of resources that detracts from real public safety concerns in the community鈥 should concern everyone.鈥

In a statement, Medford City Attorney Eric Mitton denied that police broke state law because their purpose in surveilling social media wasn鈥檛 to collect information on political views. Rather, officers were monitoring online activity for potential public safety concerns like traffic disruptions and property damage from rallies and protests.

鈥淚ncidents at public events, such as the conflicts and traffic disruptions in Medford on June 1, 2020, exemplify why being prepared is essential,鈥 said Mitton. 鈥淸T]he City was able to reroute traffic and help mitigate conflicts between counter-protesters and protesters.鈥

Medford Police Chief Justin Ivens said in a statement that his department upholds the constitutional rights of citizens.

"We use publicly accessible information to plan and staff events impacting public safety," said Ivens. "This ensures our ability to address potential safety concerns while safeguarding those exercising their constitutional right to free speech."

But the ACLU's Kelly Simon said Medford police鈥檚 online surveillance can discourage political activity.

鈥淚 think that's what makes this kind of invasive surveillance so chilling,鈥 said Simon. 鈥淸Y]ou don't know you're being followed or you're being watched or people are kind of infiltrating your group until you know. And then once you know, it's quite terrifying.鈥

The lawsuit asks the court to stop police monitoring of the plaintiffs as well as 鈥渙ther relief as the Court deems just and proper.鈥

Justin Higginbottom is a regional reporter for 老夫子传媒. He's worked in print and radio journalism in Utah as well as abroad with stints in Southeast Asia and the Middle East. He spent a year reporting on the Myanmar civil war and has contributed to NPR, CNBC and Deutsche Welle (Germany鈥檚 public media organization).