A recent ruling by Multnomah County Senior Judge Ellen Rosenblum has determined that Portland police are not mandated to enforce noise ordinances during protests outside the U.S. Immigration and Customs Enforcement (ICE) office in the South Waterfront.
This decision comes in response to a lawsuit filed by Cloud Elvengrail, a resident of Gray’s Landing, a low-income apartment building adjacent to the ICE facility.
Elvengrail and her neighbors have reported being overwhelmed by excessive noise from protesters during the demonstrations, which often occur at all hours of the day and night.
The lawsuit indicated that Elvengrail has faced severe discomfort due to loud noises, including air raid sirens, which she claims have caused her ears to bleed.
The turmoil has been exacerbated by tear gas and pepper spray from federal agents, creating a “near-nightly toxic environment” for Elvengrail, who lacks air conditioning and is unable to open her windows during high temperatures.
According to court filings, Elvengrail has called 911 and non-emergency police over 40 times since the protests began, claiming that she has received little assistance.
In some instances, police instructed her to leave the area or take a break from the protests.
The situation escalated when Elvengrail confronted protesters herself, putting her at further risk; she alleges that a protester threw a liquid she believed to be alcohol on her on June 30.
During a court hearing, Judge Rosenblum expressed sympathy for Elvengrail and the other residents affected by the protests but stated that the legal argument presented by her attorneys did not meet the necessary legal thresholds to compel police action.
Rosenblum emphasized that police do possess discretion in deciding whether to enforce noise regulations and encouraged them to utilize that discretion to uphold city noise rules, especially during late-night hours outside the ICE office.
Under Portland’s city noise regulations, noise levels must be kept around 50 decibels in open space zones from 10 p.m. to 7 a.m.
Elvengrail’s measurements reportedly indicated noise levels in her apartment ranged 15 to 20 decibels above the legal limit.
Portland police officials testified in hearings regarding the issue, but they refrained from making a definitive commitment to addressing the protests directly.
A spokesperson for the Portland police department declined to comment on the specifics of the ruling, although City Attorney Robert Taylor expressed gratitude for the court’s careful consideration of the matter.
The police department has been cautious to avoid any appearance of cooperation with federal immigration authorities, aligning with state sanctuary laws.
In June, Police Chief Bob Day articulated concerns about avoiding actions that might give the impression of support toward immigration agents after the police cleared a blockade of the ICE facility.
Elvengrail’s attorney, Julie Parrish, speculates that police may be hesitant to enforce noise regulations to prevent being associated with ICE enforcement.
Parrish is actively seeking additional ways to assist Elvengrail amid the ongoing protests, stating, “If we can help our client, we certainly can help everyone in the neighborhood.”
This legal battle reveals the complexities of balancing community concerns with the rights of protesters, highlighting ongoing tensions over immigration policies in Portland.
image source from：oregonlive
