A recent ruling from Multnomah County Senior Judge Ellen Rosenblum has declared that Portland police officers are not obligated to enforce noise ordinances during protests outside the U.S. Immigration and Customs Enforcement (ICE) office located in the South Waterfront area.
This decision came in response to a lawsuit filed by Cloud Elvengrail, a resident of the low-income apartment building Gray’s Landing, which is adjacent to the ICE facility. Elvengrail, along with her neighbors, expressed their distress over the continuous disturbances caused by protesters demonstrating at various hours throughout the day and night.
According to the legal filing, the noise from the protests has reached unbearable levels, with reports of air raid sirens and shrieking sounds that have allegedly caused physical harm to Elvengrail. Her plea for relief highlights the challenges faced due to the use of tear gas and pepper spray by federal agents, creating a hostile living environment that is difficult to escape, especially given her apartment lacks air conditioning.
Elvengrail has resorted to contacting the police through 911 and non-emergency numbers more than 40 times since the protests commenced, but claims that she has not received adequate assistance. On several occasions, she was advised by police to leave her home or take a break from the noise, further complicating her situation.
Attempts to confront the protesters directly resulted in hostility towards Elvengrail, including an incident where she was reportedly doused with a liquid believed to be alcohol.
During a court hearing held on Thursday, Judge Rosenblum conveyed her understanding of the residents’ plight, acknowledging that while she sympathized with their concerns, the legal threshold needed to force city action had not been met. However, she did encourage police officers to exercise their discretion to ensure compliance with city noise regulations around the ICE office during late-night hours.
City noise regulations mandate that sound levels be kept around 50 decibels in “open space zones” from 10 p.m. to 7 a.m., a standard that Elvengrail claims has been consistently breached by protesters as she recorded sound levels exceeding the limits by 15 to 20 decibels inside her apartment.
In response to the legal challenge, city attorneys had brought senior officials from the Police Bureau to testify during hearings, highlighting the complexities surrounding law enforcement’s approach to the protests. A spokesperson for the Portland Police declined to comment on the ruling but shared a statement from City Attorney Robert Taylor expressing gratitude for the court’s careful consideration of the case.
The Portland Police have been navigating the delicate balance of not appearing to cooperate with federal immigration authorities, which is in line with state sanctuary laws. In June, Police Chief Bob Day publicly delineated the department’s stance on avoiding actions that could be construed as support for immigration enforcement, especially after previous incidents involving ICE vehicles.
Attorney Julie Parrish, representing Elvengrail, is committed to finding solutions for her client amid ongoing protests. She expressed her belief that if they can assist Elvengrail, it would ultimately benefit the entire neighborhood.
As the protests continue, Elvengrail’s legal team remains dedicated to exploring every option available to mitigate the challenging circumstances surrounding their client and other affected residents.
image source from：chronline
