Case 3:20-cv-00917-HZ Document 43 Filed 06/26/20 Page 1 of 3 J. SCOTT MOEDE, OSB 934816 Chief Deputy City Attorney scott.moede@portlandoregon.gov NAOMI SHEFFIELD, OSB 170601 Deputy City Attorney naomi.sheffield@portlandoregon.gov ROBERT YAMACHIKA, OSB 065560 Senior Deputy City Attorney rob.yamachika@portlandoregon.gov Portland City Attorney’s Office 1221 SW 4th Ave., Rm. 430 Portland, OR 97204 Telephone: (503) 823-4047 Facsimile: (503) 823-3089 Of Attorneys for Defendant City of Portland UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION DON’T SHOOT PORTLAND, a nonprofit corporation, in its individual capacity, NICHOLAS J. ROBERTS, in an individual capacity and on behalf of themselves and all others similarly situated, MICHELLE “MISHA” BELDEN, in an individual capacity and on behalf of themselves and all others similarly situated, ALEXANDRA JOHNSON, in an individual capacity and on behalf of themselves and all others similarly situated, 3:20-cv-00917-HZ STIPULATED ADDITIONAL TEMPORARY RESTRAINING ORDER PLAINTIFFS, v. CITY OF PORTLAND, a municipal corporation, and MULTNOMAH COUNTY, a political subdivision of the State, DEFENDANTS. The parties hereby jointly stipulate to the following modification to the Temporary Restraining Order entered by this Court on June 9, 2020 (Dkt# 29), and extended through July 24, 2020 (Dkt #34) Page 1 – STIPULATED ADDITIONAL TEMPORARY RESTRAINING ORDER PORTLAND CITY ATTORNEY’S OFFICE 1221 SW 4TH AVENUE, RM 430 PORTLAND, OREGON 97204 (503) 823-4047 Case 3:20-cv-00917-HZ Document 43 Filed 06/26/20 Page 2 of 3 PPB is restricted in using the following munitions in connection with crowd control as follows: (1) FN303s and 40MM less lethal launchers with or without OC payload are limited to use as outlined in PPB Use of Force Directive 1010, and in addition shall not be used where people engaged in passive resistance are likely to be subjected to the force. (2) Rubber Ball Distraction Devices (“RBDD”) shall be limited to use as outlined in PPB Use of Force Directive 1010. In addition, use of RBDD shall be limited to situations in which the lives or safety of the public or the police are at risk and shall not be used to disperse crowds where there is no or little risk of injury. (3) Aerosol restraints (handheld OC or “pepper spray”) shall not be used against persons engaged in passive resistance, and consistent with PPB Use of Force Directive 1010, members shall minimize exposure to non-targeted persons. (4) Long Range Acoustical Devices (“LRAD”) shall be prohibited for use as a warning signal or distraction tactic and shall be used for announcements only. “Passive resistance” as used above means a person’s non-cooperation with a member that does not involve violence or other active conduct by the individual. This order shall remain in effect until July 24, 2020 or until the Court orders otherwise, or by agreement of the parties. So stipulated: /s/ J. Ashlee Albies J. Ashlee Albies, Franz Bruggemeier, Juan C. Chavez, Alex Meggitt, Jesse Alan Merrithew, Brittney Plesser, Viktoria Safarian and Whitney Stark Attorneys for Plaintiffs /s/ J. Scott Moede J. Scott Moede Naomi Sheffield Robert Yamachika Attorneys for Defendant City of Portland Page 2 – STIPULATED ADDITIONAL TEMPORARY RESTRAINING ORDER PORTLAND CITY ATTORNEY’S OFFICE 1221 SW 4TH AVENUE, RM 430 PORTLAND, OREGON 97204 (503) 823-4047 _ Case 3:20-cv-00917-HZ Document 43 Filed 06/26/20 Page 3 of 3 The 01111 adopts the above Stipulated Additional Temporary Restraining Order in this action. IT IS SO ORDERED. ATED: June 26, 2020 Mama LW Hoilorable Marco A. H?rnandez Page 3 STIPULATED ADDITIONAL TEMPORARY RESTRAINING ORDER PORTLAND CITY OFFICE 1221 SW 4TH AVENUE, RM 430 PORTLAND, OREGON 97204 (503) 823?4047