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City of Columbus Reaches Settlement Agreement With Plaintiffs in Alsaada v. Columbus

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City of Columbus Reaches Settlement Agreement with Plaintiffs in Alsaada v. Columbus (Courtesy: City Attorney Zach Klein)

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City of Columbus Reaches Settlement Agreement With Plaintiffs in Alsaada v. Columbus

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City of Columbus Reaches Settlement Agreement with Plaintiffs in Alsaada v. Columbus (Courtesy: City Attorney Zach Klein)

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City of Columbus Reaches Settlement Agreement with Plaintiffs in Alsaada v. Columbus

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City of Columbus Reaches Settlement Agreement with Plaintiffs in Alsaada v. Columbus (Courtesy: City Attorney Zach Klein)

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3K views2 pages

City of Columbus Reaches Settlement Agreement With Plaintiffs in Alsaada v. Columbus

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ABC6/FOX28
City of Columbus Reaches Settlement Agreement with Plaintiffs in Alsaada v. Columbus (Courtesy: City Attorney Zach Klein)

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EXHIBIT A

1. Defendant City of Columbus, including its Division of Police, is restrained from using
non-lethal force, including tear gas, pepper spray, flash-bang grenades, rubber bullets, wooden
pellets, batons, body slams, pushing or pulling, or kettling1, on nonviolent protestors to
enforce dispersal orders, traffic laws, such as clearing the streets or sidewalks, and/or
misdemeanors, that were not committed with actual or imminently threatened physical harm
or property destruction or with attempted or actual criminal trespass on private property or
secured government buildings/facilities, areas, or structures;
2. Defendant City of Columbus, including its Division of Police, is required to
recognize that, for purposes of the injunction, "nonviolent protestors" includes individuals
who are chanting,verbally confronting police, sitting, holding their hands up when
approaching police, occupying sidewalks or streets, apart from expressways or freeways,
and/or passively resisting police orders in connection with the exercise of rights of free
speech and association under the First Amendment;
3. Defendant City of Columbus, including its Division of Police, may only enforce dispersal
orders, traffic laws, such as clearing the streets or sidewalks, and/or misdemeanors in a manner
and under the circumstances described in Paragraph 1against nonviolent protestors, to the extent
practicable, through citations or arrests, based on probable cause.

4. Defendant City of Columbus, including its Division of Police, is prohibited from using
the infliction of pain to punish or deter "nonviolent protestors" and is directed to avoid
infliction of pain on any nonviolent protestor when incidental to a use of force necessary to
prevent or effectuate an arrest for crimes committed involving the actual or imminent threat of
physical harm or property destruction or attempted or actual criminal trespass on private
property or secured government buildings/facilities, areas, or structures, and/or when arresting,
based on probable cause, an individual who allegedly committed such an offense. For purposes
of this order and this provision, reasonable incidental contact with individuals in connection
with entering into or moving through a crowd to effect an arrest does not constitute the
infliction of pain to punish or deter nonviolent protestor action and does not violate Paragraph
1of this Agreed Order.
5. Defendant City of Columbus, including its Division of Police, must ensure that body and
vehicle cameras are in good working order and used during every interaction with "nonviolent
protestors" and badge numbers and/or identity cards are prominently displayed in each such
interaction, even when riot gear is being worn. Plain clothes or undercover officers, are not
required to wear a body worn

1For purposes of this agreement, "kettling" is defined as a tactic where law enforcement
officers surround a crowd of nonviolent protestors who have been ordered to disperse in a
manner which prohibits them from having a reasonable route of exit (such as an unobstructed
sidewalk, street, or alley) to comply with the dispersal order.
camera, but shall not engage in enforcement action, including, but not limited to, arresting
or detaining a suspect, or using force, unless exigent circumstances of actual or imminently
threatened physical harm to officers or others exist;
6. Defendant City of Columbus, including its Division of Police, must recognize that
individuals legitimately displaying "press," "media," "reporter," "paramedic," "medic," "legal
observer," or similar words and/or symbols are permitted to be present in a position enabling
them to record at protests and/or to intervene to assist individuals who appear to have been
injured so long as their presence does not physically interfere with a lawful arrest, involve
entering a closed or cordoned-off crime scene, or physically interfere with medical aid
already being rendered by an officer or an EMT/Firefighter and that all individuals,
regardless of their occupation or nonviolent activity, are permitted to record at protests or
whenever any police officer interacts with the public; and
7. Defendant City of Columbus' Division of Police must request that mutual aid law
enforcement personnel who cooperate with them adhere to the foregoing restraints or
standards on the use of non­ lethal force and enforcement, infliction of pain, cameras and
identification, and recognition of "nonviolent protestors" and individuals assisting or
observing them. Ifa mutual aid entity does not have body worn cameras, its personnel must
either be assigned to peripheral traffic control operations where interaction with protestors
during actual protests are unlikely or, if the mutual aid request relates to SWAT or other
similar tactical units, mutual aid personnel must be embedded with CPD officers that have
body worn cameras, and who are recording in accordance with this Order and Columbus
Division of Police Directives.

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