Title
Consideration of Citizen Petition that Expeditiously Outlaws Phoenix Police Department Officers to Have Use of Non-Lethal Chemical Weapons Oleoresin Capsicum, and Chloroacetophenone[CS] at Protests and Large Community Events
Description
This report provides the City Council with information in response to a citizen petition submitted by Carlos Garcia at the Feb. 7, 2018 Formal City Council meeting that "expeditiously outlaws Phoenix Police Department officers to have use of non-lethal chemical weapons Oleoresin Capsicum and Chloroacetophenone[CS] at protests and large community events" (Attachment A).
Report
Summary
In reviewing the petition, the Police Department noted some inaccuracies contained in the petition, which have been clarified (Attachment B). The following information is provided in response to the outcome requested by the petition.
From a public safety perspective, chemical agents for crowd management curtail civil disobedience, create distance between officers and eliminate the need for officers to physically contact persons while maximizing efficiency and safety. Without chemical agents, the remaining non-lethal options available to law enforcement include foam impact projectiles, hard impact tools (batons) or stun equipment (like Tasers). However, these other non-lethal options only address one rioter at a time and are ineffective on large crowds, particularly when crowds vastly outnumber police. Chemical agents are used by police departments nationally for crowd management because they are an effective option that is both non-lethal and deployable in large crowd settings.
The Phoenix Police Department's Downtown Operations Unit responds to an average of 15 marches/protests/rallies a year. As a testament to its restraint, the Phoenix Police Department has deployed gas munitions and/or impact rounds only three times in the past 10 years. The first occasion was on Nov. 11, 2010, at the National Socialist Movement March where approximately 100 counter-protesters blocked the march route and began throwing rocks and bricks. The second occasion was on July 18, 2016, when approximately 300-500 marchers attempted to close the freeway by marching onto Interstate 10 at 7th Street and throwing rocks and concrete. The third occasion is the event prompting this petition during the Aug. 22, 2017 Presidential visit where water bottles and gas canisters were thrown at police, and protesters tried to break the police line. Violence and damage during all three occasions was avoided, in part, due to the availability of chemical agents as a non-lethal, effective crowd management option.
Per the Police Department's policies, the deployment of tactical chemical agents outlined in this petition is limited to those officers and supervisors specifically trained and authorized in their use. Additionally, only supervisors from the Department's tactical units may authorize the use of these agents. These levels of training, permission and policy help to ensure restrained deployment of chemical agents.
Berkeley, California recently changed its policy to allow the use of Oleoresin Capsicum (pepper spray) as a crowd control technique following the volatile protest events that occurred last year, which resulted in injuries and property damage. The Berkeley protests demonstrated that the inability to deploy chemical agents for crowd control can have severe consequences to life and property. The effectiveness of chemical agents is in their ability to stop dangerous situations before severe violence and destruction occurs.
In contrast, when law enforcement fails to intervene, the violence potential can escalate rapidly as seen last year in Charlottesville, Virginia. Officers were removed from the area where protesters gathered for a period of time. The absence of law enforcement, coupled with the failure to create safety zones and maintain distance between opposing groups, are key factors that led to the tragedy that resulted in deaths.
Options for Council Action
A. Accept the petition.
B. Deny the petition.
C. Other direction to staff.
Staff recommends this petition be denied, thereby preserving the use of chemical agents as non-lethal, effective crowd management tools for the Phoenix Police Department to maintain public safety and order.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Police Department.