War crime, COVID-19 cited in Linn County Supervisor's call to stop tear gas at protests - KCRG

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CEDAR RAPIDS, Iowa (KCRG) - Linn County Supervisor Stacey Walker has sent a request to police chiefs across Iowa urging them to end what he calls an “abhorrent act” of deploying tear gas on protests.

Law enforcement in both Des Moines and Iowa City have used tear gas in an effort to stop or disperse crowds during protests calling for reforms in the wake of the death of George Floyd at the hands of Minneapolis police officers.

In Iowa City, a group of protesters approached I-80 on June 3rd and, after warning the crowd to stop, law enforcement fired tear gas to stop anyone from going on the Interstate. The next day, Iowa City’s mayor said the police department was reviewing its policies on firing tear gas. The following two nights, police shut down I-80 to let protesters on and avoid another confrontation.

In his letter to police chiefs and the head of the Iowa Police Chiefs Association, Walker asks all police chiefs to commit “to never use chemical irritants on peaceful protesters.” Walker is part of a group in Cedar Rapids that has organized protests and spoken with city leaders on demands for reforms.

Walker noted that tear gas was first used in World War 1 and has since been banned as a war crime under the Geneva Convention. In 1993, a United Nations agreement included a ban on riot control chemicals defined as causing "sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.” However, that agreement makes an exception for law enforcement use.

Walker noted the irritants could also hamper someone fighting the Coronavirus due to the impact on lung and immune function. He quoted Dr. Daniel Runde with University of Iowa’s College of Medicine saying "we know it can increase the chances that someone exposed to it will catch a respiratory infection and that could be a death sentence if the infection they catch is COVID-19.”

Waterloo police banned the use of tear gas this week in releasing updated Use of Force guidelines.

We could not find a specific policy on tear gas use for Cedar Rapids police but the department said “The Cedar Rapids Police Department has not and would not use tear gas on protestors peacefully and lawfully exercising their First Amendment rights.”

Dubuque police policy includes a section on chemical munitions (including tear gas) noting it requires administrative approval to use tear gas. It is allowed generally “whenever the use would facilitate entry, enable arrest, disperse combatant(s) or potentially reduce the risk of injury during barricaded or crowd control incidents, or as otherwise deemed appropriate by the commanding authority," including crowd control situations.

Iowa City Police police allow the use of “chemical irritants" and "chemical munitions” at level 3, “active resistant” of its five-level Use of Force progression policy under a section called “compliance control”. Iowa City issued a statement after the June 3rd incident expressing regret and promising a review.

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