The police of St. Louis and St. Louis County and Missouri highway patrol have all agreed in the settlement not to use chemical agents like tear gas against protesters without first giving a clear warning.
The suit, brought by six Ferguson protesters, was dismissed Thursday by US District Judge Carol Jackson Upon agreement by both protesters and the heads of the three agencies: St. Louis Police Chief Sam Dotson, St. Louis County Police Chief Jon Belmar and Missouri Highway Patrol Capt. Ronald S. Johnson.
— Andrew Peng (@TheAPJournalist) December 31, 2014
The protesters had brought the suit against the "unified command" of the three police agencies in response to the tactics used against protesters after the August 9 shooting of unarmed teenager Michael Brown.
The agencies involved in the suit agreed not to use chemical agents without giving "clear and unambiguous warnings," and providing a means of escape for demonstrators. They also agreed not to use tear gas at all against lawful protesters. The settlement also included payments of $2,500 from each agency for legal costs.
"This victory rests on the shoulders of the courageous protesters who are tirelessly demonstrating in the streets of Ferguson, and it’s a testament to the powerful movement they have fostered," one of the plaintiff's lawyers, Thomas Harvey of ArchCity Defenders, said in a statement.
"The use of tear gas in Ferguson has been a tactic to chill this movement, and today’s consent decree will finally put a stop to those efforts," said attorney Denise Lieberman of the Advancement Project, the other member of the plaintiff's legal team.
After the December hearing, in which protesters testified about experiences of mistreatment at the hands of police and the use of tear gas, the judge had ordered a temporary restraining order requiring "reasonable" warning before use of the gas on protest crowds. Police had countered that their tactics were necessary to prevent violence and looting.
In that December ruling, Jackson did not accept all the protesters proposals, such as their demand that tear gas be used only as "last resort," a condition she said could not be clearly defined.
— SCT LAW (@wylielawfirm) December 12, 2014
