MEDFORD, Ore. – On behalf of Rogue Valley Pepper Shakers, Stabbin Wagon, and Melissa Jones, the ACLU of Oregon is suing the City of Medford for what they call “illegal spying.”
The ACLU, joined by legal partners, Alicia LeDuc Montgomery and Bradley Bernstein Sands, filed the lawsuit Tuesday against the city’s police department on behalf of the political activists and mutual aid groups.
“The Medford Police are monitoring people like me because of what we care about, not for anything related to crime. Other activists, advocates and organizations who support Black, brown, and queer lives, see abortion as a healthcare right, care for the unhoused, the environment, and practice harm reduction, could be subject to this illegal invasion of privacy too,” said client Toren McKnight, Co-Founder and Organizer with the Rogue Valley Pepper Shakers.
The ACLU says public records show MPD illegally surveilled individuals and groups involved in causes like racial justice, LGBTQ+ rights, reproductive justice, housing justice, harm reduction, decriminalization, government transparency, and environmental advocacy. It says the alleged surveillance was conducted even though no crime had been committed. Specific instances cited by the ACLU are the drive-in movie at the YMCA’s Juneteenth event this past summer, as well as monitoring of local reproductive rights advocacy groups in anticipation of the 2022 SCOTUS decision to overturn Roe v. Wade.
The information to which the lawsuit is based was uncovered by an organization called Information for Public Use. According to the ACLU, MPD’s alleged monitoring of progressive advocacy groups and individuals is in violation of Oregon State law (ORS 181A.250), which it says, “prohibits police from collecting or maintaining information about the political, religious, or social views, and associations or activities of people who are not reasonably suspected of criminal activity.
“The Medford Police is blatantly disregarding a three-decades-old state law that prohibits this type of surveillance. Their doubling down is a bald display of impunity from those we trust to enforce the law. This abuse of power without fear of accountability is chilling and must be stopped,” said Kelly Simon, ACLU of Oregon Legal Director.
According to the Oregon Legislature, ORS 181A.250 is defined as, “no law enforcement agency, as defined in ORS 181A.010, may collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct.”
NBC5 News reached out to the City of Medford, here is their response.
Medford Police Department Clarifies Misconceptions about Social Media Practices
The City of Medford refutes claims made in a recent lawsuit filed by the Rogue Valley Pepper Shakers, Stabbin Wagon, and Melissa Jones regarding our police department’s practices and the interpretation of ORS 181A.250.
The statute at issue, ORS 181A.250, is focused on information-gathering specifically about the “political, religious or social views” of individuals. The purpose of reviewing publicly-available information on social media channels is not to analyze or judge individuals’ political, religious, or social views, but to address legitimate police interests regarding public rallies and protests.
The statute, ORS 181A.250, addresses the gathering of information on individuals’ “political, religious, or social views.” The Medford Police Department reviews publicly available social media to address legitimate public safety concerns related to public rallies and protests. These concerns include:
- Potential traffic disruptions
- Possible breaches of peace
- Potential conflicts between protesters and counter-protesters
- Risks of property damage or violence
Incidents at public events, such as the conflicts and traffic disruptions in Medford on June 1, 2020, exemplify why being prepared is essential; the City was able to reroute traffic and help mitigate conflicts between counter-protesters and protesters. Our goal is to ensure preparedness for any worst-case scenarios to protect community safety.
Police Chief Justin Ivens emphasized: “The Medford Police Department prioritizes community safety and upholds the constitutional rights of our citizens. We use publicly accessible information to plan and staff events impacting public safety. This ensures our ability to address potential safety concerns while safeguarding those exercising their constitutional right to free speech.”
Sincerely,
Eric B. Mitton | City Attorney
City of Medford, Oregon | City Attorney’s Office
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