You’ve probably seen these images of UC Davis protestors getting doused in pepper spray during an Occupy protest at the campus. I can’t come down in support of either side, all I can do is ask questions. Here’s why:
I’ve yet to find a vetted timeline detailing the events that led to the spraying. It’s hard to gather the entire story from a video that starts as the spraying commences. As far as I can tell, based on the limited stories I’ve read and the description posted on the video itself, that this particular group of students sitting on the sidewalk did so in protest of police disrupting the original protest, tearing down tents and making arrests. The human chain these protestors formed was designed, based on this eyewitness account, to [peacefully] demand the release of the students and to block any path the police may have used to make these arrests.
The woman, in her eyewitness account, says:
“We were never warned that we were going to be pepper-sprayed.
Lt. Pike walked up to my friend, and I am told that he said, “Move or we’re going to shoot you.”
Then he went back and talked to a few of his police officer friends. A couple of other officers started to remove people who were sitting there, blocking exit. Pike could have easily removed us, just picked us up and removed us. We were just sitting there, nonviolent civil disobedience.
But Pike turned around and I am told that he said to the other officers, “Don’t worry about it, I’m going to spray these kids down.”
He lifts the can, spins it around in a circle to show it off to everybody.
Then he sprays us three times.”
Were the arrests, prior to the pepper spraying, lawful? That’s not for me to decide, and it’s certainly not up to the students to decide. Before we get wrapped up in the dramatic images of the incident, we should ask ourselves:
- why were these protestors pepper sprayed?
From the accounts I’ve read, it appears as though they were pepper sprayed for impeding police officers making arrests.
- is it lawful in California to impede an officer in the act of making an arrest?
- if it is not, is it lawful for police to use approved methods (such as pepper spray) to disperse a crowd acting in a way — peaceful or not — that impedes their ability to make an arrest?
If yes, then:
- are the police required to warn protestors prior to utilizing pepper spray?
If yes, then:
- were the protestors warned?
It’s hard to tell from the video, and the eyewitness account says they were not warned. However, based on a different angle from another video, students have their heads tucked down, hoods covering their heads, and one student is wearing a bandana to cover his face. Is this the norm at Occupy protests, or were the protestors warned that they would be pepper sprayed? Further, given all the media accounts of pepper spray being utilized at Occupy protests around the country, should students have reasonably expected to be pepper sprayed during their act of civil disobedience?