July 9, 2020

David A. Perez
DPerez@perkinscoie.com
D. +1.206.359.6767
F. +1.206.359.7767

VIA EMAIL
Ghazal Sharifi
Carolyn Boies
Seattle City Attorney’s Office
701 5th Ave, #2050
Seattle, WA 98104
Re:

Use of Blast Balls Containing Chemical Irritants on July 1-4
Black Lives Matter, et al. v City of Seattle, Cause No. 2:20-cv-00887

Dear Ms. Sharifi:
Thank you for making the time to speak with us on July 2, and for your letter of July 6, 2020,
providing information on the Seattle Police Department’s (“SPD”) uses of force against
protesters between July 1 and July 4, 2020. The City’s descriptions, as well as the evidence we
have gathered from citizens who witnessed SPD’s tactics during the relevant timeframe, indicate
that SPD has violated the preliminary injunction in this case (“the Order”).
Our primary concern is that the City’s letter describes multiple instances of SPD officers
deploying blast balls infused with pepper spray (“OC”) into crowds of protesters. This is
consistent with video footage we reviewed—documenting the deployment of one or more blast
balls, a resulting cloud of gas, and the subsequent coughing of nearby protesters—and the
accounts of witnesses who were affected by the chemical agent. Such use of these weapons is a
violation of Judge Jones’s Order, which prohibits the use of chemical irrtants “against persons
peacefully engaging in protests or demonstrations” and specifically prohibits the indiscriminate
deployment of chemical irritants into a crowd. The Order allows officers to use chemical
irritants or projectiles only when they are, to the extent reasonably possible, targeted at “the
specific imminent threat of physical harm to themselves or identifiable others or to respond to
specific acts of violence or destruction of property.”
OC blast balls release a cloud of OC gas that permeates their general vicinity; they are, for that
reason, indiscriminate. Even when thrown in the direction of specific individuals, they
predictably affect peaceful protesters and journalists nearby, causing discomfort, alarm, and
respiratory distress. This is precisely the type of chilling effect on protesters’ constitutional
rights that the Order is designed to prevent.

148772915.1

 Ghazal Sharifi, et al.
July 9, 2020
Page 2
Weapons that cause the release of clouds of chemical irritants also cause widespread coughing
and the removal of masks, which threatens to further spread COVID-19.
Furthermore, we note that SPD’s use of blast balls and “less lethal projectiles” is plainly
inconsistent with Seattle City ordinance 126102, which is scheduled to take effect on July 26,
2020. The ordinance—which the City Council passed unanimously—unequivocally bans the use
of such weapons, and represents a resounding repudiation of the tactics deployed by SPD against
protesters over the past six weeks. Although the ordinance has yet to come into effect, it is
startling, and highly concerning, that SPD has continued to deploy these weapons at protests
despite the City’s clear intention to ban their use.
Please confirm by July 13, 2020, that the City will immediately direct SPD officers not to deploy
OC-infused blast balls or other inherently indiscriminate weapons against crowds, as this is a
violation of both Judge Jones’s Order and the new ordinance.
Sincerely,

David A. Perez
Perkins Coie LLP

Robert S. Chang
Fred T. Korematsu Center for Law and Equality

Molly Tack-Hooper
ACLU of Washington
Counsel for Plaintiffs:
Black Lives Matter Seattle-King County
Abie Ekenezar
Sharon Sakamoto
Muraco Kyashna-tocha
Alexander Woldeab
Nathalie Graham
Alexandra Chen
148772915.1