1 2 3 IN THE CIRCUIT COURT FOR THE STATE OF OREGON 4 FOR THE COUNTY OF MULTNOMAH 5 6 7 8 9 10 11 12 13 14 CIDER RIOT, LLC; and ABRAM GOLDMAN-ARMSTRONG, ) ) ) Plaintiffs ) ) v. ) ) PATRIOT PRAYER USA, LLC; JOSEPH ) “JOEY” GIBSON; IAN KRAMER; and JOHN ) DOES 1-25. ) ) Defendants Case No. COMPLAINT (Negligence; Trespass; and Intentional Infliction of Emotional Distress) Damages: $1,000,000 Filing Fee Subject to ORS 21.160(1)(c) (Not Subject to Mandatory Arbitration) Jury Trial Demanded Plaintiffs alleges: 15 INTRODUCTION 16 1. 17 18 Following the election of Donald Trump far-right extremists have rallied across the country for the causes of white supremacy, white nationalism, and general xenophobia. Since 19 its formation in 2016, the right-wing extremist group Defendant Patriot Prayer USA, LLC 20 21 marked Portland as a target for violent intimidation. This intimidation serves to shutdown 22 public democratic spaces through incitements of violence. Defendant Joseph Gibson then uses 23 these self-initiated conflicts to fundraise. With their terror-campaign, Defendant Gibson and 24 his acolytes, including Defendant Ian Kramer, have demonstrated a pattern and practice of 25 26 flouting local, state, and federal law to injure their perceived political enemies. This behavior inevitably lead to the repeated, unwanted violence inflicted upon Plaintiffs. 27 Page 1 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 PARTIES 1 2 2. 3 Plaintiff Cider Riot, LLC is an Oregon business located in Portland, Multnomah 4 County, Oregon, with the capacity to sue. 5 3. 6 Plaintiff Abram Goldman-Armstrong owns and operates Cider Riot, LLC. 7 4. 8 Defendant Patriot Prayer USA, LLC is incorporated in Washington State, with the 9 10 capacity to be sued. Their principal agent is Joseph “Joey” Gibson. 11 5. 12 13 Defendant Joseph “Joey” Gibson is a resident of Washington State who runs, operates, and fundraises for Patriot Prayer USA, LLC. Defendant Gibson has operated Patriot Prayer 14 activities prior to Patriot Prayer USA, LLC’s incorporation. 15 6. 16 Defendant Ian Kramer is a resident of Coos County, Oregon. He has participated in 17 18 Patriot Prayer activities since its inception. 19 7. 20 Plaintiffs do not know the legal names of Defendants John Does 1-25, and will sue 21 them under fictitious names. John Does 1-25 are any persons who directed, conspired, 22 neglected to prevent, or engaged in the tortious conduct described below. 23 24 // 25 /// 26 /// 27 Page 2 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 COUNT 1: NEGLIGENCE 1 8. 2 Plaintiff Cider Riot is an Oregon business that specializes in making craft ciders from 3 4 5 6 Northwest apples, and in providing a safe space for people to enjoy them. Their business operates on NE Couch St., in Portland, OR. Their business features a bar, brewery, and indoor or outdoor drinking areas for patrons. 7 9. 8 As described below, Patriot Prayer and Gibson’s tactics vary from convening protesters 9 10 to intimidate minorities, immigrants and/or leftists, to direct violence, to campaigns of terror 11 under cover of night. Patriot Prayer exists as a cipher for other violent groups to conduct 12 paramilitary actions in the Portland metro area. Their activities have culminated in a number 13 of protests marked by state and right-wing violence. Patriot Prayer’s strategy and intent for 14 doing so is to a) force a confrontation with leftist groups, b) utilize police departments and 15 16 17 city governments into imposing harsh crowd control measures on leftists, and c) intimidate groups into not showing up. 10. 18 19 Patriot Prayer’s tactics pivoted after October 2018, when their followers were 20 photographed committing assaults on antifascists. On January 19, 2019, Defendant Gibson 21 attempted to violently trespass on the International Workers of the World Union Hall. The 22 night prior, on January 18, 2019, Patriot Prayer attempted to disrupt a meeting of the 23 24 Democratic Socialists of America at the same IWW Union Hall. 25 /// 26 /// 27 Page 3 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 11. 1 While Gibson had always advocated for the direct removal of masks worn by 2 3 antifascists,1 his zeal heightened during this period, and Gibson launched a campaign on 4 Facebook calling for such batteries. On January 19, 2019, Gibson and his followers violently 5 6 battered people on East Burnside. Gibson and Hayley Adams, a frequent fixture at Patriot Prayer events, directed Patriot Prayer members to cross East Burnside and attack onlookers. 7 8 9 After a worker at a shop across the street pulled the battery victims into their business, Patriot Prayer members began banging on the business’s windows, trespassing in an attempt to 10 menace. Later that day, Gibson was seen doing the same exact thing to an anarchist affinity 11 group at a “March For Life” anti-abortion rally. 12 12. 13 Shortly after these incidents, on January 24, 2019, three locations in Portland, 14 including Plaintiff Cider Riot, were vandalized with graffiti. At Cider Riot, Defendants had 15 16 either participated in, directed, conspired, or engaged in conduct that foreseeably lead to the 17 spray-painting of “Fuck Antifa” on its walls. Additionally, X's were placed on the business's 18 windows and a mural. The IWW Union Hall was also vandalized with graffiti and one of the 19 front-windows was smashed. The graffiti read “ANTIFA HOUSE” and “SMASH 20 COMMUNISM” on it. Lastly, the Democratic Party of Oregon’s building was vandalized. 21 13. 22 Later that night, Gibson showed up at the IWW Union Hall once again, this time to 23 24 25 denounce the vadalism as a “false-flag” aimed at discrediting his organization. Gibson then announced his intention to show up at any antifascist event in Portland with Patriot Prayer. 26 1 27 A recent example of this tactic can be found here: https://twitter.com/Kherman112/status/1102342852959297536 Page 4 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 14. 1 Leading up to May 1, 2019, Gibson coordinated with Patriot Prayer members to arrive 2 3 at Cider Riot in the afternoon to “Take the fight to Antifa.” Cider Riot was hosting a May 4 Day/International Worker’s Day celebration. 5 15. 6 Gibson spent the earlier portion of May 1, 2019 attempting to bait confrontations with 7 8 demonstrators attending rallies and marches throughout Portland. 16. 9 Defendant Gibson arrived at Cider Riot at approximately 7:30 pm on May 1, 2019. 10 11 Upon arrival, Gibson began harassing and menacing patrons at Cider Riot. 12 17. 13 Gibson livestreamed this encounter on his Facebook page. Often, when Gibson 14 livestreams his activities, he appends a link to a personal donations page. On his livestream 15 16 from this particular event, he introduced Cider Riot as “Antifa central,” then asked his 17 followers to look into the business, its owners, and its landlord. He then told his audience that 18 “If they cared about Portland… take care of this establishment.” 19 18. 20 21 After individually harassing the patrons of Cider Riot, Gibson’s crew of approximately 20 people, most clad in armor and visibly carrying weapons, join him in the harassment. One 22 Patriot Prayer member began pepper-spraying Cider Riot’s patrons. In self-defense, the 23 24 patrons used pepper-spray to repel the Patriot Prayer members. 25 /// 26 /// 27 Page 5 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 19. 1 2 Gibson then facilitated and refereed a street fight between two persons outside of Cider 3 Riot. He dictated the rules, and kept others from intervening while livestreaming to his 4 followers. 5 6 20. Gibson continued to antagonize the patrons at Cider Riot, whom were trying to force 7 8 9 10 his retreat. Defendant Ian Kramer, a frequenter of Patriot Prayer rallies and associate of Gibson, used a baton to crack a Cider Riot patron on the head, knocking her unconscious. Upon information and belief, she suffered a serious vertebrae fracture. 11 12 13 21. Gibson directed his group to back up, but continued to livestream and harass Cider Riot patrons while acknowledging the battery. 14 22. 15 16 17 Despite the violence they had wrought, on multiple Facebook posts, Patriot Prayer and Gibson haved vowed to return to Cider Riot. 18 23. 19 Plaintiffs have been harmed by Patriot Prayers repeated, unwanted, alarming, and 20 violent contacts with their business. Citing threats of violence, Cider Riot has had to increase 21 security, give staff additional training on safety in case of another Patriot Prayer attack, and 22 has lost business. 23 24. 24 25 26 Given the repeated extreme incitements of violence against perceived political enemies, it was foreseeable that Defendants’ actions would lead to harm to Cider Riot. Defendants 27 Page 6 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 1 engaged in conduct, including but not limited to directing, conspiring, neglecting to prevent, 2 or engaging in conduct that foreseeably lead to the injuries described above. This conduct 3 directly and proximately caused these injuries. Despite knowledge of the risk of harm to 4 Plaintiffs, and the foreseeability of this injury, Defendant breached their duty owed to 5 Plaintiffs, damaging them. 6 25. 7 Plaintiffs now seeks damages not to exceed $1,000,000 for compensatory damages, 8 9 including but not limited to economic losses for additional security, clean-up, and lost profits, 10 and non-economic losses for emotional distress, and punitive damages where needed to deter 11 this tortious conduct. Plaintiffs also seek an order enjoining Defendants from entering within 12 a reasonable distance from their establishment. Plaintiffs should be awarded their costs, 13 including expert fees, against defendants. 14 COUNT 2: TRESPASS 15 26. 16 Plaintiff realleges and incorporates paragraphs 1-25. 17 18 27. 19 Plaintiffs lawfully possessed and retained control of the property where Cider Riot 20 resides. 21 28. 22 On May 1, 2019, Defendants did unlawfully interfere with this right of possession by 23 24 pepper-spraying into the crowd, onto Cider Riot’s property, by holding street brawls outside, 25 and by engaging in harmful batteries against its patrons immediately adjacent to the property. 26 /// 27 Page 7 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 29. 1 2 Plaintiffs now seeks damages not to exceed $1,000,000 for compensatory damages, 3 including but not limited to economic losses for additional security, clean-up, and lost profits, 4 and non-economic losses for emotional distress, and punitive damages where needed to deter 5 6 this tortious conduct. Plaintiffs also seek an order enjoining Defendants from entering within a reasonable distance from their establishment. Plaintiffs should be awarded their costs, 7 8 9 including expert fees, against defendants. COUNT 3: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 30. 10 11 Plaintiff realleges and incorporates paragraphs 1-29. 12 13 31. As described above, Defendants and their agents intentionally and/or with reckless 14 disregard inflicted severe emotional distress on Plaintiffs. 15 32. 16 17 18 As described above, Defendants and their agents’ acts constituted an extraordinary transgression of the bounds of socially tolerable conduct. 19 20 21 33. Plaintiffs now seeks damages not to exceed $1,000,000 for compensatory damages, including but not limited to economic losses for additional security, clean-up, and lost profits, 22 and non-economic losses for emotional distress, and punitive damages where needed to deter 23 24 this tortious conduct. Plaintiffs also seek an order enjoining Defendants from entering within 25 a reasonable distance from their establishment. Plaintiffs should be awarded their costs, 26 including expert fees, against defendants. 27 Page 8 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208 1 2 WHEREFORE, Plaintiffs prays for their costs and disbursements incurred herein and for the following in accordance with the proof at trial: 3 1. Economic damages; 4 2. Non-economic damages; 5. Injunctive relief; 6. Any other relief the court deems proper. 5 6 7 8 DATED: May 3, 2019. 9 /s/ Juan C. Chavez Juan C. Chavez, OSB #136428 Of Attorneys for Plaintiff jchavez@ojrc.info 10 11 12 LEAD ATTORNEY 13 /s/ Alex Meggitt Alex Meggitt, OSB # 174131 Of Attorneys for Plaintiff ameggitt@ojrc.info 14 15 16 Oregon Justice Resource Center (503) 944-2270 17 18 19 20 21 22 23 24 25 26 27 Page 9 of 9 COMPLAINT Juan C. Chavez OSB 136428 jchavez@ojrc.info PO Box 5248 Portland, OR 97208