June 9, 2020 Governor Mike Dewine 77 S. High Street, 30th Floor Columbus, Ohio 43215 Director Dr. Amy Acton Ohio Department of Health Re: The indiscriminate use of tear gas on peaceful protesters and the immediate and long-term health effects Dear Governor DeWine and Director Dr. Amy Acton, During the past week, tear gas, pepper spray and mace have all been used by police against peaceful protestors in Columbus, Cincinnati, Cleveland, Toledo, Dayton and Akron. We are extremely concerned about the use of tear gas and other chemical agents, which are banned under the Geneva Protocol, on the general population and the dangerous impact these agents may have on public health. We thereby urge you to immediately end the use of tear gas on the citizens of Ohio and prohibit the use of tear gas by all county, municipal and township police departments indefinitely for the following reasons: 1) Tear gas may have dangerous health effects on Ohioans. Tear gas can cause physical injury, permanent disability, and even death.1 According to the Centers for Disease Control, “long-lasting exposure or exposure to a large dose of riot control agent (tear gas), especially in a closed setting, may cause severe effects such as the following: blindness, glaucoma (a serious eye condition that can lead to blindness), immediate death due to severe chemical burns to the throat and lungs, or respiratory failure possibly resulting in death.” 2 Additionally, several studies indicate the risk of miscarriage for pregnant women exposed to tear gas.3 In 2012, seven women in Bahrain reported having had miscarriages after being repeatedly exposed to tear gas.4 Similar increases in miscarriages were reported after the use of chemical agents during the Arab Spring and Chilean protests in 2011.5 1 Haar, Rohini. Lethal in Disguise: The Health Consequences of Crowd-Control Weapons. Rep. Ed. Cara Zwibel, Anne Suciu, Karim Ennarah, Luciana Pol, and Lucila Santos. N.p.: International Network of Civil Liberties Organizations, n.d. Print. 2 https://emergency.cdc.gov/agent/riotcontrol/factsheet.asp 3 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5096012/ 4 https://www.thenation.com/wp-content/uploads/2015/04/Bahrain-TearGas-Aug2012-small.pdf 5 https://www.scientificamerican.com/article/how-tear-gas-works-a-rundown-of-the-chemicals-used-on-crowds/ The state should not allow the indiscriminate use of a possible abortifacient on Ohioans. 2) The use of tear gas violates civil and human rights. We have witnessed the use of tear gas by law enforcement to be excessive, indiscriminate, and in violation of civil and human rights. The use of tear gas is not only irresponsible, it is un-American. The unjustified use of a dangerous chemical weapon on protesters raises serious human rights concerns under international law. Furthermore, data shows violent police response disproportionately affects communities of color.6 Police equipped with military style weapons can cause past trauma to be reopened. During the George Floyd, Breonna Taylor and Ahmaud Aubery protests, protesters showed up with anti-racism signs to peacefully protest, but interactions between police and protesters escalated without justification. Meanwhile, during the “Reopen Ohio” protests, protesters were armed with semi-automatic weapons, racist and anti-Semitic paraphernalia and other weapons of war, yet there was zero response from law enforcement. 3) The use of tear gas may exacerbate the spread of COVID-19. Finally, there have been heightened concerns that the use of tear gas, pepper spray and mace will increase the spread of COVID-19. These chemical agents can cause uncontrollable eye-watering, nasal and sinus discharge, coughing, vomiting— all of which would increase the spread of water droplets, the main way in which COVID-19 spreads. Some studies also show possible long-term health effects, especially on the lungs, among those exposed to these chemical agents.7 There is a danger that those exposed to tear gas will be at higher risk of deadly symptoms of COVID-19, a disease that attacks the lungs. Thus, the use of tear gas is even more dangerous during this ongoing pandemic. Respectfully, Governor DeWine, we can’t imagine that Ohio Department of Health Director Dr. Amy Acton has not already brought forth concerns around the usage of tear gas. We thereby implore you to ban the use of tear gas by the Ohio National Guard and all county, municipal and township police departments to protect the health and safety of all Ohioans. 6 7 Fryer, R. (2019). An Empirical Analysis of Racial Differences in Police Use of Force. Journal of Political Economy http://cidbimena.desastres.hn/pdf/eng/doc8080/doc8080-contenido.pdf Yours in Service, Janine Boyd Ranking, House Health Committee House District 09 Emilia Sykes Minority Leader Kristin Boggs Assistant Minority Leader Richard Brown Assistant Minority Whip House District 34 House District 18 House District 20 Jessica Miranda David Leland Catherine Ingram House District 28 House District 22 House District 32 Lisa Sobecki Juanita Brent Dr. Beth Liston House District 45 House District 12 House District 21 Brigid Kelly Michelle Lepore-Hagan House District 31 House District 58 Erica Crawley House District 26 Kent Smith Casey Weinstein Randi Clites House District 08 House District 37 House District 75 Gil Blair Mary Lightbody Stephanie Howse House District 63 House District 19 House District 11 Terrence Upchurch House District 10 Allison Russo House District 24 Tavia Galonski House District 35 CC: Thomas Strickrath, Director, Ohio Department of Public Safety Dave Yost, Ohio Attorney General Rep. Emilia Sykes, Leader, House Democratic Caucus Rep. Stephanie Howse, President, Ohio Legislative Black Caucus