Federal law enforcement agencies have new guidelines and policies that limit the use of nonlethal force on protesters, according to an announcement by the Justice Department on Wednesday.
The rules require Park Police and Secret Service members to display clearly visible identification and make audible warnings before attempting to disperse a crowd. Law enforcement must also modify procedures to inform officers that demonstrators engaging in unlawful conduct do not justify the use of force, partially settling lawsuits from protesters that claim police used unnecessary violence during racial justice demonstrations in 2020.
“The federal government is committed to the highest standards for protecting civil rights and civil liberties in any federal law enforcement response to public demonstrations,” Associate Attorney General Vanita Gupta said in a statement. “These changes to agency policies for protest responses will strengthen our commitment to protecting and respecting constitutionally protected rights.”
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Park Police must update their policies to prohibit discriminatory policing explicitly, and the guidelines only allow the agency to revoke a demonstration permit if the event displays a “clear and present danger to the public safety,” according to the partial settlement.
The new guidance partially settles four lawsuits by demonstrators who sued the Trump administration and federal law enforcement officials after racial justice protesters were cleared from Lafayette Park in June 2020. Protesters argued law enforcement used unnecessary force against what they considered to be a peaceful protest.
Demonstrators alleged officers used tear gas, pepper spray capsules, rubber bullets, and flash bombs to clear the crowd. The incident garnered nationwide attention, prompting criticism of former President Donald Trump, who walked through the area after it was cleared to take a photo holding a Bible in front of St. John’s Episcopal Church.
The Interior Department later determined that protesters weren’t cleared for the photo op but to make way for fencing to be placed around the park.
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The Trump administration pushed back against the lawsuits, claiming the Park Police issued clear warnings before emptying the square and denying that officers used tear gas. However, in June 2021, the Interior Department determined that D.C. police had used tear gas against protesters as they were leaving the area, despite federal officers being told they were not permitted to do so.
“We appreciate the Park Police and Secret Service for their efforts to constantly review and revisit their law enforcement policies to evolve and protect those that seek to peacefully exercise their First Amendment rights,” U.S. Attorney Matthew M. Graves for the District of Columbia said. “These revisions to our law enforcement partners’ policies will further protect those rights.”
Federal law enforcement will have 30 days to implement the new policies as part of the settlement agreement. However, litigation will continue against some law enforcement officials, such as Park Police Commander Mark Adamchik and the Metropolitan Police Department, as some demonstrators seek damages.
