The Los Angeles City Council will consider an ordinance that would prevent the LAPD from using crowd control weapons against peaceful protesters and journalists.
Councilmember Hugo Soto-Martínez, who represents District 13, is pushing for regulations that would prohibit the Los Angeles Police Department from using “kinetic energy projectiles” or “chemical agents” unless officers are threatened with physical violence.
The Public Safety Committee unanimously approved the proposal and forwarded a vote with all council members on Wednesday. The items would be considered by the council in November or December, said Nick Barnes-Batista, a communications director for District 13.
The ordinance would also require officers to give clear, audible warnings about safe exit routes during “kettling,” when crowds are pushed into designated areas by police.
After the first iteration of the “No Kings” protest over the summer that saw multiple journalists shot by nonlethal rounds, tear-gassed and detained, news organizations sued the city and Police Department, arguing officers had engaged in “continuing abuse” of members of the media.
U.S. District Judge Hernan D. Vera granted a temporary restraining order that restricted LAPD officers from using rubber projectiles, chemical irritants and flash bangs against journalists.
Under the court order, officers are allowed to use those weapons “only when the officer reasonably believes that a suspect is violently resisting arrest or poses an immediate threat of violence or physical harm.”
LAPD Chief Jim McDonnell called the definition of journalist “ambiguous” in a news release Monday, raising concerns that the preliminary injunction could prevent the LAPD from addressing “people intent on unlawful and violent behavior.”
“The risk of harm to everyone involved increases substantially,” McDonnell wrote. “LAPD must declare an unlawful assembly, and issue dispersal orders, to ensure the safety of the public and restore order.”
The L.A. Press Club, plaintiffs in the lawsuit that led to the injunction, has alleged journalists were detained and assaulted by officers during an immigration protest in August. The Press Club is also involved in a similar lawsuit against the U.S. Department of Homeland Security.
“This case is about LAPD, but if necessary, we are ready to take similar action to address misconduct toward journalists by other agencies,” the organization wrote in a news release from June.
Vera ruled in September that “any duly authorized representative of any news service, online news service, newspaper, or radio or television station or network” would be classified as a journalist and therefore protected under the court’s orders. Journalists who are impeding or physically interfering with law enforcement are not subject to the protections.
Any ordinance passed by the City Council would apply to the LAPD but not other agencies that could be responding to protests that turn chaotic, such as the Los Angeles County Sheriff’s Department or California Highway Patrol, thereby complicating operational procedure.
Barnes-Batista, the District 13 spokesman, said the City Council would need to discuss how to craft the rules.
“There are definitely unanswered questions about [how] the city wouldn’t want the city to be liable for other agencies not following policy,” he said. “So that will have to be worked out.”
Last month, the City Council, led by Councilmember Eunisses Hernandez, voted unanimously to deny a request by the city attorney, Hydee Feldstein Soto, to push for Vera’s injunction to be lifted.
“Journalism is under attack in this country — from the Trump Administration’s revocation of press access to the Pentagon to corporate consolidation of local newsrooms,” Hernandez said. “The answer cannot be for Los Angeles to join that assault by undermining court-ordered protections for journalists.”
