Olympia City Council bans use of tear gas against protesters during pandemic

The Olympia City Council on Tuesday night adopted a ban on chemical weapons used to control crowds in response to complaints about the use of tear gas and other munitions during recent demonstrations.

The Olympia Police Department has used chemical agents such as tear gas, pepper spray and pepper balls on more than one occasion as part of its response to nightly demonstrations against racial injustice in downtown Olympia.

Public health officials have raised concerns about the coughing and wheezing caused by chemical munitions as it relates the spread of COVID-19 among protesters.

Following a brief discussion, the council voted unanimously to enact the policy until Washington reaches Phase 4 of Gov. Jay Inslee’s plan for reopening the state. That phase is likely to require a vaccine or another treatment that leads to a drastic reduction in the number and severity of COVID-19 cases.

City Manager Jay Burney informed Interim Police Chief Aaron Jelcick of the move shortly after the council meeting. The policy change takes effect immediately, Burney said, adding that Jelcick will convene a meeting Wednesday to ensure the department is up to speed.

“The intent was to address anything that causes mucus and coughing,” Burney said. “Any kind of gasses or something that’s considered a chemical weapon that would cause those things during a pandemic.”

City officials, including Jelcick, were informed prior to the council meeting of the potential for the council to take up a ban on chemical weapons, Burney said.

Olympia Police Lt. Paul Lower told The Olympian that the department’s management team and legal advisers will work through the details of the ban with the city council.

“I think we have proven over the years that we have a good working relationship with our council, and we are responsive to our community and we are well-trained, professional law enforcement officers who can work with the resources we’re given to keep the community safe,” Lower said.

Council member Dani Madrone made the motion to ban chemical weapons following a public comment period that included statements from about 50 Olympia residents. Many speakers voiced their support for defunding and disarming the Olympia Police Department and investigating whether any officers have ties to white supremacist organizations.

Some, including Justin Stang and Sierra Abrams, challenged members of the council to meet the demands of community members who want more than just reforms and committees to address the unfair treatment of people of color and other minorities.

Abrams was among the speakers who addressed the photograph circulated on social media of a police officer posing with armed men outside a business complex west of downtown Olympia. Burney informed the council that the investigation into the photo may conclude as soon as next week, while a separate investigation into comments allegedly made by another officer during a protest could wrap up in the next few days.

Olympia School Board member Maria Flores spoke during public comment, urging council members to meet the moment.

“I would like you to not be conformative white allies,” Flores said. “Do the big structural change. You have to do it. You are the right ones to do it. Do it with people of color. It needs to be for us, by us, not symbolic. You need to have us establishing the table and inviting you there.”

The vote taken Tuesday follows similar actions taken in Seattle and other locations around the country. A federal judge ordered police in Portland to cease the use of tear gas Thursday in all situations except those where the lives or safety of the public or officers is at risk.

Seattle Mayor Jenny Durkan and Police Chief Carmen Best pledged Friday that the city would stop using tear gas on protesters for at least 30 days, but faced renewed criticism Monday after officers shrouded the Capitol Hill neighborhood with clouds of cough-inducing gas late Sunday night.

Olympia City Council members made clear their desire to review all aspects of local policing, including the use of force procedures and the need for increased transparency and accountability from the police department. Council member Jim Cooper implored residents to be active participants in the upcoming budget cycle; Olympia allocated more than $20 million to its police force out of its 2020 general fund.

“Reliance on old ways and tools, and this is to the police department, stymies innovation and change and evolution,” Council member Lisa Parshley said. “Can we do this better? Yeah, we can.

“If it takes elected bodies of government to take away some of those tools so that we have innovation and we have change and we have evolution in how we do this, it will happen.”

Olympian reporter Sara Gentzler contributed to this report.

This story was originally published June 9, 2020 at 10:14 PM.