LOUISVILLE, Ky. — With pepper bullets and tear gas used at moments during protests in the last three months, Metro Council members are looking at LMPD's use of force tactics.
The Metro Public Safety Committee discussed a proposed ordinance that would limit LMPD's use of chemical agents, among other changes to the department's use of force policies.
"All eight of these policies are about minimizing police use of force, in order to protect both citizens and the police," Councilman Brandon Coan, (D-8) said.
The ordinance is sponsored by Councilman Coan and Councilwoman Jessica Green (D-1) who said its intended to encourage de-escalation, rather than use of force. Coan said the ordinance is based on policy recommendations by a national campaign called "8 Can't Wait."
Here's what the ordinance proposes:
- For purposes of restraint, department members shall not use choke holds, strangleholds, vascular restraint, carotid restraint, chest compression, or any other tactic which applies pressure to the neck or throat that compromises or obstructs blood flow to the brain, or obstructs air flow and the ability to respire.
- Department members shall, when reasonable under the totality of the circumstances, resolve conflict or potential conflict through de-escalation techniques to decrease the likelihood that officers will resort to the use of force.
- Department members shall, when reasonable under the totality of the circumstances, give a clearly audible verbal warning before the use of deadly force.
- Department members shall, when reasonable under the totality of the circumstances, exhaust all alternative uses of force prior to using firearms.
- Department members shall act to prevent or stop any other officer, regardless of rank or assignment, from using unlawful, unnecessary, or excessive force.
- Department members shall not discharge their firearms either at, or from, a moving vehicle unless deadly force is being used against the officer or another person. The use of a vehicle by a civilian shall not be considered deadly force unless it is reasonable to believe the vehicle is intentionally being used to strike a person, a crowd, another vehicle or a building or structure with the intent of causing mass injuries or the death of another person.
- Department members shall, based on facts known or facts reasonably knowable to the officer, utilize the lowest level of force necessary to gain control of the subject.
- Department members shall report, through the chain of command, each use of physical force or threatened use of physical force other than a control hold. Pointing a firearm shall be considered a reportable threatened use of physical force.
- Department members shall not use chemical agents, including tear gas, unless it is reasonable to believe an individual or a group of individuals is acting with the intent of causing serious physical injury or death to another person or persons. When reasonable under the totality of the circumstances, department members shall give a clearly audible verbal warning prior to the use of chemical agents.
LMPD Mjr. Paul Humphrey discussed the ordinance with council members Wednesday and said the department takes issue with some of the ordinance's language. He also said officers have taken a "hands off approach" with a lot of the protest situations, but needs the ability to use chemical agents.
"I understand there's a lack of trust in LMPD right now, I'm not blind to that fact," Mjr. Humphrey said. "We've had over $2 million reported property damage. Our ability to protect this city is directly related to our ability to use chemical agents on crowds that have become unlawful, dangerous, and destructive to property."
ACLU Kentucky Exec. Dir. Michael Adridge also discussed the ordinance with council members. He said LMPD's use of tear gas and riot gear has escalated situations. He also said he wants the proposed ordinance to have more enforcement mechanisms.
"Really this measure is a measure without teeth if we don't build in some level of accountability," he said. "What happens when an LMPD officer violates one of these points in policy? What actions are taken?"
Many of the points in the ordinance are already in LMPD policy, but the sponsors of the ordinance said they want them cemented in law. Mjr. Humphrey said LMPD wants to keep use of force limitations in policy so that it can change if needed.
"Would we have to come before this body every time we wanted to alter the use of force policy now that it would be codified in the law?" Mjr. Humphrey said.
"It puts some broad guardrails on use of force but I think this ordinance allows LMPD to have the flexibility it needs to do its job," Coan said.
The ordinance wasn't voted on Wednesday. Coan said the committee may make some language changes to the ordinance and it could come up for discussion when the committee meets again in two weeks.
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