AKRON, Ohio — After video from Akron showed authorities using pepper spray earlier this week to disperse demonstrators who were reacting to the grand jury's decision in the Jayland Walker police shooting, a restraining order preventing law enforcement from using certain types of "non-lethal" force against protestors has been granted in federal court.
The initial complaint, filed Thursday by civil rights law firm Friedman, Gilbert + Gerhardstein on behalf of the Akron Bail Fund, called "for a temporary restraining order prohibiting the City of Akron from using chemical weapons and other less lethal weapons to quell peaceful protests and from using any other measure that unlawfully restricts constitutionally protected speech." 3News obtained a copy of the complaint Friday morning, and this evening, all parties reached an agreement that U.S. District Magistrate Judge James Grimes Jr. signed off on.
According to FG+G, Akron police officers are now "restrained from using non-lethal force against nonviolent protesters effective immediately." The order will remain in effect for at least two weeks.
Plaintiffs had alleged the city "has gone to galling lengths to suppress and chill peaceful political demonstrations in the wake of the police killing of Jayland Walker, and to punish people and groups who have attempted to protest despite Akron’s deterrence." Furthermore, attorneys accused police and others of "unconstitutional policies, practices, customs, and actions at issue began in at least July of 2022, have continued, and persist through the April 20, 2023 writing of this Complaint."
You can view the complaint by exploring the documents below:
DOCUMENT 1
DOCUMENT 2
"The order requires the City to recognize protester rights under the First Amendment," FG+G partner Sarah Gelsomino said following Friday's agreement. "We hope that with this order, unnecessary violence against demonstrators will stop."
The current conflict stems from protests that took place Wednesday night along Copley Road near Grace Avenue, when police sprayed tear gas in an effort to disperse the crowd of demonstrators. Authorities claimed some protesters had been throwing rocks and bottles at officers, while critics contend the protest was peaceful until law enforcement deployed pepper spray.
Akron Police Chief Steve Mylett issued a statement Thursday evening to address the situation:
"I am waiting on video footage from a few of our partner law enforcement agencies to help clarify some confusion. Before I explain what happened, I need to be sure of the timeline of events. If information is released prematurely and without the facts, that misinformation could cause irrevocable damage. As soon as I can confidently determine the exact circumstances of how last evening unfolded, I will make that information available to the public. If we made mistakes, we would improve upon them, and if the officers’ actions were reasonable, we would share that information as well."
On the other side, the complaint addressed that specific situation as follows:
"That afternoon, protestors gathered in Hawkins Plaza and along Copley Road, again singing and chanting in peaceful dissent. Again, police came authorized by the City's plan and continuing course of conduct to quell protests speech. This time, however, police misconduct escalated. After the march began, lines of uniformed officers descended upon peaceful demonstrators, propounding unlawful orders for the protestors to case First Amendment protected speech. Before protestors had any opportunity to even attempt to comply with these unlawful orders, and while others attempted to flee, police arbitrarily and wantonly released smoke bombs, pepper spray, and tear gas onto the demonstrators. Again, no violence, unrest, or even property damage had occurred as a result of protestor conduct prior to police use of force."
Here are some other points included within the complaint:
- "This case is about the City of Akron's ongoing policy, practice, and custom of suppressing free speech and expression, including by using unnecessary police violence, against peaceful demonstrators who are speaking out against the shooting of Jayland Walker."
- "For the past three nights, peaceful demonstrators have gathered in Akron to march, sing, chant, and be with one another to express their dissent against the killing and to express solidarity for Jayland Walker’s family."
- "The City of Akron has responded to these constitutionally protected demonstrations by enacting and continuing a policy, practice and custom of suppressing speech. Each night the City escalated in its unlawful response to peaceful demonstrations."
- "Based upon the continuing course of conduct by Akron since last July and Akron’s escalating suppression of protestor free speech over the last few days, Plaintiff, its members and volunteers and the people they serve are in fear for their safety from police use of force and Plaintiffs are worried that their message will not be heard."
The Akron Bail Fund is described as a nonprofit organization comprised of members "who engage in peaceful protests, support others who do so, post bond for individuals who are arrested in connection with such protests, and otherwise help protect and support demonstrators."
"The City of Akron should be ensuring that protected demonstrators can safely get their message heard, not punishing them for exercising their rights," FG+G attorney Elizabeth Brohm further wrote tonight. "This is a major victory for the Akron Bail Fund and other demonstrators."
On Monday, Ohio Attorney General Dave Yost announced that a Summit County grand jury had declined to bring criminal charges against any of the eight officers involved in Walker's deadly shooting amid an overnight chase back on June 27.
"Legal justification does not change the terrible, permanent damage of Jayland Walker's death," Yost said. "I grieve the loss of this promising young life, although I recognize that no words of mine can offer much comfort to his family."