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Metro Council removes restrictions on tear gas in use of force ordinance

The committee plans to invite incoming interim LMPD Chief Yvette Gentry to attend an upcoming meeting to provide her input on the ordinance.

LOUISVILLE, Ky. — The most recent weekend of protests in Louisville looked different than the first weekend after they began Thursday, May 28.

"You didn't see the use of tear gas canisters," Councilman Brandon Coan, (D-8) said.

That's what Coan said shows LMPD has improved on its use of chemical agents, due to a policy change by acting interim LMPD Chief Robert Schroeder.

"I'm satisfied enough that the changes LMPD has made in respect to tear gas policy now, shouldn't be a reason to hold up codifying these other eight use of force policies," Coan said.

Coan is one of the primary sponsors on legislation requiring changes to LMPD's use of force, including the ban on chokeholds and requiring officers to prevent or stop other officers from using excessive force. Coan, along with co-sponsor Councilwoman Jessica Green (D-1), said it's intended to encourage de-escalation, rather than use of force. It's based on policy recommendations by a national campaign called "8 Can't Wait." 

"I hope the Metro Council can tweak this as necessary and that we can pass a law that makes clear that police use of force has some broad guardrails in this community and that's something very important to us," Coan said.

The legislation also proposed limiting the use of tear gas and pepper balls during civil unrest, but that part of the ordinance was slashed Wednesday after several councilmembers raised concerns during council's Public Safety Committee meeting. 

"These officers need the tools to go out there and keep our folks safe and keep our business intact," Councilman Mark Fox, (D-13) said.

Fox, a former police officer, said he finds issue with the entire use of force ordinance, calling it "feel good legislation."

"Everybody wants to do something to make this better. We all do," he said. "Frankly I just think it's a waste of legislative time. I think we can take our time and be more impactful."

Many of the proposed limits on use of force already exist in LMPD's policies. Fox said they need to remain flexible and not cemented in law.

"Policy needs to change. Technology is going to drive some of these changes to policy," Fox said.

"There shouldn't ever be a new mayor or new police chief who comes in and says there shouldn't be a duty to intervene when a police officer uses excessive force or that there shouldn't be a duty to use the least amount of force possible or to de-escalate situations. To me those are things that should be written in law," Coan said.

Councilmembers said at Wednesday's meeting current Chief Schroeder was consulted on the policies, but the committee said it plans to invite incoming interim LMPD Chief Yvette Gentry to attend an upcoming meeting to provide her input on the ordinance as well.

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