Boston Ordinance – Chemical Weapons used by BPD

NLG Board member Jeff Feuer coordinated a group of NLG attorneys (including Board members Lee Goldstein and David Kelston) and attorneys from the Boston law firm Wilmer Hale in drafting a proposed Ordinance for the City of Boston that would severely restrict the use of tear gas, pepper spray, rubber bullets, flash-bang grenades, smoke bombs and other chemical and so-called “less lethal” weapons by the Boston Police.  
 
Such weapons could not be used on protestors without the authorization of a Deputy Superintendent or higher, who personally witnesses acts of violence or property destruction.  In addition, warnings must be given to a crowd over a loudspeaker before such weapons could be used.  Violations of the Ordinance would allow anyone injured thereby to sue for treble damages and attorney’s fees and the defense of qualified immunity has been eliminated.  Any police officer who violates the restrictions on the use of these weapons would face possible discharge from the police department.  The text of the full proposed Ordinance follows: Click Here