Olympia City Council amends rule against chemical munitions to combat property damage

Olympia Police officers are once again able to use chemical munitions, including tear gas and other chemical arms, to combat people causing property damage or committing other forms of criminal mischief.

The Olympia City Council voted Tuesday night to add an exception for criminal mischief to the resolution it adopted in June banning the use of chemical munitions for the purposes of crowd control during the novel coronavirus pandemic.

A recent spate of late-night vandalism by small groups that have caused significant damage to a number of businesses and city buildings in downtown Olympia prompted the council to clarify the intent of its actions in June. Property damage incurred largely by small businesses has included broken windows, small fires and graffiti.

City Attorney Mark Barber said that while the language to be inserted into the resolution does not specifically reference the Revised Code of Washington pertaining to criminal mischief, it carries the same definition. A person is considered guilty of criminal mischief if found to have acted knowingly and unlawfully with three or more persons to use or threaten to use force against a person or against property.

“It’s meant to be broad to sweep in those sorts of activities the city has found itself confronting over the last few days,” Barber said. “The real purpose I think in clarifying the resolution was to clarify that the moratorium on using less-than-lethal agents such as tear gas and pepper spray, that moratorium is to protect persons engaged in lawful First Amendment activities, but not meant to protect people engaged in criminal activity.”

Public health officials spoke out against the use of tear gas and similar products at the height of the nationwide protest movement against police brutality and racial injustice, stating the increased coughing and wheezing caused by the chemicals could increase the spread of COVID-19.

The original document approved by the Olympia City Council allowed police to still use less-than-lethal chemical items such as pepper spray in situations where there is an “extreme risk to public safety, such as and including but not limited to, hostage situations or events or locations where persons are engaging in violence and assaultive behavior against other persons who are at risk of severe injury or death.”

“[Vandalism] doesn’t sway my political opinions about institutional racism in any way,” Council member Clark Gilman said Tuesday night. “So I would suggest that the topic ... is about the right to assemble to express grievances and address your government, and it’s simply a criminal matter, the issues of folks vandalizing and running through downtown in the middle of the night.”

Gilman joined other council members in drawing a clear distinction Tuesday between the actions of those who have participated in lawful protests during the past five weeks, and others who set out after sunset to inflict harm to the community. About a dozen buildings sustained damage late Saturday night, hours after a peaceful rally ended around 5 p.m.

Council member Dani Madrone, who made the initial motion last month that led to the resolution curtailing the use of chemical munitions, said she did not feel the change impacted the intent of prior actions taken by the council.

“I see a very distinct line between crowd control and riot control,” Madrone said. “These chemical munitions are considered to be riot control munitions. I don’t think it changes [the resolution], but it does provide more clarity for law enforcement.”

Madrone voted with a 6-1 majority to approve Mayor Cheryl Selby’s motion to amend the resolution, with council member Renata Rollins casting the lone vote against. Rollins later explained that while she voted against the amendment, she understands where the anger comes from, but she sees a difference between genuine and spontaneous rage.

At least one of the businesses damaged over the weekend is owned by a Black individual. Rollins questioned the motives of a person who purports themselves to be in support of an organization like Black Lives Matter while smashing the windows of that particular business.

Olympia Police policies and procedures for crowd control and use of force will be the subject of a public study session beginning at 5:30 p.m. Wednesday.

The use of chemical munitions and how officers can respond to volatile situations without them will likely be a focal point of the discussion. The discussion will be broadcast live online and will be available for viewing after the fact.

This story was originally published July 8, 2020 at 2:00 PM.