Arrested Portland Protesters No Longer Banned from Attending Protests

Last week, ProPublica reported that some protestors arrested in Portland, Oregon were ordered to agree not to attend protests as a condition of their release from custody. Now, Portland appears to be stopping its use of the practice.

What We Know:

  • Though it is unknown at this time who drafted it, the “Order Setting Conditions of Release” was signed by a federal magistrate and stated “Defendant may not attend any other protests, rallies, assemblies or public gathering in the state of Oregon”. At least twelve protesters were given the order after being arrested in July.
  • Legal experts have stated this order is a clear violation of a U.S. citizen’s constitutional right to free assembly. The ACLU’s Somil Trivedi called the order “sort of hilariously unconstitutional,” in a statement to ProPublica.
  • Prosecutors and federal defenders have worked together to end the end practice and it seems to have been effective. Since then, at least two protesters have been released from custody without the order.
  • As tensions have grown in Portland, the site receiving the most attention is the Mark O. Hatfield U.S. Courthouse, which protesters attempt to breach every night. This is also a site where protesters are often arrested. President Trump sent federal reinforcements in to support area police in July.
  • Oregon’s U.S. Attorney, Billy J. Williams, spoke to The Oregonian and implored locals to insist that protesters leave in order to maintain peace, “Until that happens, we’re going to do what we need to do to protect federal property”.  In the same interview he supported the use of impact munitions and tear gas in order to “repel” protestors from getting over the new and heavily reinforced fence of the U.S. Courthouse.

There have been over 60 consecutive days of protests in Portland since the video of the death of George Floyd went viral.