ACLU says cops’ actions out of line

MEDFORD, Ore. – Police in riot gear firing pepper balls to move peaceful demonstrators away from a small-town inn where President Bush had dinner was an unreasonable use of force that violated civil rights, a local chapter of the American Civil Liberties Union said Thursday.

After gathering statements from dozens of demonstrators, and reviewing videotapes and news accounts of the confrontation last fall, members of the Southern Oregon chapter of the ACLU of Oregon said they were recommending that their state chapter consider legal action.

“For law enforcement to attack people exercising their constitutional rights is something we shouldn’t find acceptable,” said Paul Copeland, an Ashland software engineer and board member of the local chapter.

“There’s a bigger issue here in this country. More and more we’re finding a militarization of police in the way that they relate to the citizens. And it’s not acceptable unless there’s some kind of national emergency that requires that kind of activity.”

Ralph Temple, a former ACLU attorney who has argued cases alleging police brutality against political demonstrators, said the case was extraordinary because of the high degree of force used on such a small and “exceptionally gentle family crowd,” in contrast to confrontations involving thousands of demonstrators in big cities.

“This is by far a precedent-setting incident in its extremity,” Temple said.

On Oct. 16, President Bush made a campaign speech at the Jackson County fairgrounds in Central Point, then drove with his wife and entourage to the historic gold mining town of Jacksonville, population about 2,100, where he had dinner on the patio of the Jacksonville Inn before spending the night at an inn cottage.

Demonstrators told ACLU investigators that about 40 police officers in riot gear brandished clubs and fired paintballs loaded with pepper spray to move an estimated 200 to 300 demonstrators away from the inn.

Jackson County Sheriff Mike Winters and state police Lt. Kurt Barthel did not immediately return telephone calls for comment. Jacksonville City Administrator Paul Wyntergreen said because a lawsuit might be filed, he had no comment on behalf of the city’s police.

Last October, law enforcement agencies issued a joint statement saying they had been asked by the Secret Service to provide “assistance for a safe and secure setting” for the president. Barthel said they were given three minutes to move the demonstrators and he was told at the command post that five protesters had fought back against officers, grabbing their batons.

Demonstration organizers Shelley Elkovich and Grady Boyd, co-director of Peace House in Ashland, said they had talked to police beforehand, and were assured that as long as they stayed on the sidewalk there would be no problems.

With that assurance, Elkovich said she brought her children and dog.

Boyd said she was shocked when police started brandishing clubs and firing pepper balls on anti-Bush demonstrators without giving them a chance to move voluntarily. Elkovich added she was standing on a sidewalk with a group of Bush supporters and police never forced them to move.

Elkovich said half a dozen people were struck by police with batons and one person struck by pepper balls sought medical treatment. Copeland said they determined at least five people were shot with pepper balls. Two people were arrested.

“You’re supposed to use these weapons as a substitute to lethal weapons,” Temple said. “You don’t fire them to make people move.”