CHARLOTTE, N.C. — On Thursday, the NAACP and fellow plaintiffs took CMPD to court for an injunction hearing. They are hoping a judge will prevent CMPD from using chemical agents.
The injunction hearing stems from that incident where the plaintiffs say their constitutional rights to assemble were infringed upon when CMPD officers allegedly kettled protesters onto a street, trapped them with tear gas on both ends, and began firing pepper pellets at them from the second floor of a parking garage.
Video of this incident was shown in court going back to the beginning of the protest in the day time. It showed that it mostly remained peaceful into the night. This video was a compilation put together by the plaintiffs and was not played in its entirety.
The plaintiffs said the only incident involving a skirmish happened when a few water bottles were thrown at officers 30 minutes before the alleged chemical attack. The plaintiffs argued a dispersal order was never given before officers began throwing riot control agents.
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Lawyers for the plaintiffs argued that plastic water bottles thrown at officers in riot gear doesn’t justify the alleged chemical attack, and didn’t give them a right to push people into what they felt was a trap. They felt the officers planned the incident as a way to end the protest, and that it did not need to happen because officers were never in imminent danger, particularly at the moment of the alleged chemical attack.
The plaintiffs’ lawyers said the loss of constitutional freedom even briefly is irreparable harm, and if an injunction not issued this will continue to happen. They cited the same behavior by CMPD during the Keith Lamont Scott protests in 2016.
The defense said it’s a misstatement that all that the only skirmish was a few water bottles thrown at officers. The defense said that cars were damaged on 7th street, an officer was struck in the head with a rock, a person was shining a laser in officers’ eyes, and that officers saw shiny liquid material on their arms and believe protesters threw something on them.
The defense argued officers were pushing protesters in a certain direction to prevent people from getting on Independence Blvd, for their own protection and protection of drivers on the road. The defense also insisted three dispersal orders were given before riot control agents were used.
The defense said the Plaintiffs will not suffer irreparable harm, and that the possibility of harm in the future is not enough for court to enter injunction and that the judge should deny the motion.
The judge did not make a decision on the matter on Thursday.
