LOUISVILLE, Ky. (WDRB) -- Louisville Metro Police Department can keep pepper balls and tear gas in its arsenal during civil unrest, after a move to limit the department's use of chemical agents was struck from a proposed local law.
The ordinance, sponsored by Louisville Metro Councilmembers Brandon Coan, D-8, and Jessica Green, D-1, originally prevented the use of chemical agents in LMPD's response to civil unrest "unless it is reasonable to believe an individual or a group of individuals is acting with the intent of causing physical injury or death to an officer or another person or persons, arson or rioting."
During an hour-long debate of the ordinance Wednesday, some Council members, including President David James, D-6, expressed concern with the proposed change before it was struck by the Council's Public Safety Committee.
But Coan, Green and others are still pushing the rest of the ordinance, which would limit how LMPD can use force in eight other ways.
Among other measures, the ordinance would:
- Require officers to use de-escalation tactics, when possible, before using force.
- Require officers to make a verbal announcement, when possible, before using force.
- Bar officers from firing at or from a moving vehicle unless deadly force is used against them or others.
- Bar officers from using chokeholds “for purposes of restraint.”
"These are use of force policies that are meant to be applied broadly across the community in every situation," Coan explained.
However, the changes are not a sure bet. Council Republicans and Democrats such as Mark Fox, who represents District 13, expressed concern.
"I just don't think it's the role of the Metro Council to get to deep in the weeds with the policy side," Fox said.
Fox, a retired LMPD officer, called the ordinance a piece of feel-good legislation, since the vast majority of policies are already part of LMPD’s standard operating procedure.
"It's not new news. I retired in 2015. Chokeholds were prohibited when I retired," he said. "Frankly, I just think it's a waste of legislative time. I think we could take our time and be more impactful."
Coan said that regardless of whether the goals are already policy, they should be codified into city law with the passage of an ordinance.
However, he and Green plan to give incoming LMPD Chief Yvette Gentry a chance to weigh in before putting the ordinance up for a vote. Gentry becomes chief on Thursday.
Coan said the Council might still consider a limit of chemical agents such as tear gas but would do so in a separate ordinance.
Read the policies in the current draft of the ordinance below. (NOTE: Item 9, concerning chemical agents, was struck during the Wednesday meeting).
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