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Tension high after pepper spray used on protesters
In this report:
October 31, 1997
- 'The worst pain I've ever felt'
- Spray touted as safest way to end protests
- Police, protesters have clashed for years
Web posted at: 9:50 p.m. EST (0250 GMT)SAN FRANCISCO (CNN) -- The fallout over the use of pepper spray on anti-logging protesters in Northern California made its way to Washington Friday as a congressman claimed that the protesters had assaulted his staff and vandalized his office.
The federal government on Friday opened a criminal investigation into the actions of law officers in the demonstration, but Rep. Frank Riggs, a California Republican, said, "these were not peaceful protesters. They were reckless, wanton lawbreakers, and my message to the media is 'Get it right, and tell the rest of the story.'"
Riggs claims the protesters who stormed his office in Eureka, California, on October 16 assaulted his employees who "were attempting to call for help. They then trashed and vandalized my office."
Josh Brown of Earth First disputed Riggs' claim.
"The staff was not threatened," Brown said. "People calmly walked in, put (a tree) stump down and locked into the lock boxes. No one was assaulted or threatened."
The lock boxes are metal sleeves which the demonstrators used to protect their hands and arms after gripping the hands of the people on either side of them.
Watch as police rub pepper spray into protesters' eyes 1.4MB/38 sec./160x120
QuickTime movieThey were protesting the plans of Pacific Lumber Co. to log the old-growth Headwaters Forest, and a proposed agreement with the federal government that would allow them to do so.
A dramatic videotape released Thursday shows the demonstrators seated on the floor in Riggs' office and screaming as officers pulled back their heads, opened their eyes and applied the pepper spray directly into their eyes.
'The worst pain I've ever felt'
A lawsuit, filed Thursday on behalf of nine demonstrators, alleges that officers used the spray in violation of standard police practices. The lawsuit also says the action breaks from National Law Enforcement Policy Center guidelines governing the use of pepper spray.
'It's a lot like bobbing for French fries in a deep fat fryer. That's what it feels like when this chemical weapon is applied to your face.'
— Attorney Mark Harris
The guidelines, according to the suit, specify that it should not be discharged into eyes at distances less than two feet, should not be used on people in restraints and should not be used as punishment.
The protesters claim they were subjected to excessive force when officers put liquefied pepper spray directly in their eyes with cotton swabs. At least one young woman also had the substance sprayed into her eyes from a few inches away.
"It was like burning under your skin ... the worst pain I've ever felt," Maya Portugal, 16, told reporters.
Justice Department spokesman Myron Marlin said the FBI has begun "a preliminary inquiry into the matter to determine whether any federal criminal civil rights violations occurred."
Such an inquiry, under the same laws used in the Rodney King case, can lead to criminal prosecution and prison sentences of law enforcement officers, Marlin said.
A second tape shows similar events in the lobby of Pacific Lumber Co. headquarters in nearby Scotia on September 25. In both cases, demonstrators linked hands inside metal sleeves and refused to let go until after the liquid was applied.
Dr. David Smith, an expert in the use of pepper spray, says rubbing the liquid into someone's eyes can damage the cornea.
"...It's not for use in this fashion or for this purpose," Smith said. "These were not individuals that were a threat to officers. They were not a threat to public safety, and the way it was used would be most damaging to individuals."
Spray called safest way to end protests
The Humboldt County sheriff's department routinely records officers using chemical spray to document warnings to protesters that their actions may trigger the use of pepper spray. Sheriff Dennis Lewis said the spray is the safest way to disperse the protesters.
"What we're trying to do is deal with the situation with a minimum of force and a minimum of hazard," Lewis told reporters.
"That's not torture," Eureka Police Chief Arnie Millsap said. "This is an outrageous accusation brought about by people who have absolutely no respect for the rights of others at all."
The demonstrators belong to the Headwaters Forest Defense, which protests the destruction of ancient redwoods in Pacific Lumber's Headwaters forest.
The lawsuit seeks damages for pain and suffering, punitive damages and a court order stopping Humboldt County sheriffs and Eureka police from using pepper spray on "peaceful, non-violent protesters who pose no threat to the safety of any person."
Attorney Mark Harris, who represents Headwaters Forest Defense, compares being doused with pepper spray to being burned.
"It's a lot like bobbing for French fries in a deep fat fryer," Harris said. "That's what it feels like when this chemical weapon is applied to your face."
Police, protesters have clashed for years
Spring Lundberg of the Headwaters Forest Defense accused law enforcement authorities of treating the protesters like experimental guinea pigs.
"We were like specimens, a case study. They were putting the chemical agents in our eyes to see what would happen and what we would do ... and let me tell you ... when it's first applied, it's so painful."
But Riggs, a former policeman, says that the protesters were warned of the possible consequences and "under the circumstances, this was probably an appropriate use of force.
"After they repeatedly refused these lawful orders, the peace officers involved -- who have a very difficult and dangerous job to do -- then warned that they might use chemical agents to compel them to surrender to arrest."
Police and protesters have butted heads for years over the Headwaters Forest issue. Civil disobedience is common, and this incident appears to have escalated the tension significantly.
Correspondents Susan Reed and Rusty Dornin and The Associated Press contributed to this report.
Related story
Related sites:
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- Headwaters Redwood Forest Action Page
- Headwaters Forest Public Forumm Transcripts
- Headwaters Forest and The Pacific Lumber Company...
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