Reports slam policing during BLM protests
For many long weeks last summer, protesters in American cities faced off against their own police forces in what proved to be, for major law enforcement agencies across the country, a startling display of violence and disarray.
In Philadelphia, police sprayed tear gas on a crowd of mainly peaceful protesters trapped on an interstate who had nowhere to go and no way to breathe. In Chicago, officers were given arrest kits so old that the plastic handcuffs were decayed or broken. Los Angeles officers were issued highly technical foam-projectile launchers for crowd control, but many of them had only two hours of training; one of the projectiles bloodied the eye of a homeless man in a wheelchair. Nationally, at least eight people were blinded after being hit with police projectiles.
Now, months after the demonstrations that followed the killing of George Floyd by the Minneapolis police in May, the full scope of the country’s policing response is becoming clearer. More than a dozen after-action evaluations have been completed, looking at how police departments responded to the demonstrations — some of them chaotic and violent, most peaceful — that broke out in hundreds of cities between late May and the end of August.
In city after city, the reports are a damning indictment of police forces that were poorly trained, heavily militarized and stunningly unprepared for the possibility that large numbers of people would surge into the streets, moved by the graphic images of Floyd’s death under a police officer’s knee.
From mid-size departments like the one in Indianapolis to big-city forces like New York City’s, from top commanders to officers on the beat, police officers nationwide were unprepared to calm the summer’s unrest, and their approaches consistently did the opposite.
The New York Times reviewed reports by outside investigators, watchdogs and consultants analyzing the police response to protests in nine major cities, including four of the nation’s largest. The Times also reviewed after-action examinations by police departments in five other major cities. Reports in some cities, such as Oakland, California, and Seattle, are not yet completed. In Minneapolis, the city that sparked a national reckoning over policing, the City Council only agreed last month to hire a risk-management company to analyze the city’s response to the protests, despite months of pressure.
Almost uniformly, the reports said departments need more training in how to handle large protests. They also offered a range of recommendations to improve outcomes in the future: Departments need to better work with community organizers, including enlisting activists to participate in trainings or consulting with civil rights attorneys on protest-management policies. Leaders need to develop more restrictive guidelines and better supervision of crowd control munitions, such as tear gas. Officers need more training to manage their emotions and aggressions as part of de-escalation strategies.
Those first days of protest after Floyd’s killing presented an extraordinary law enforcement challenge, experts say, one that few departments were prepared to tackle. Demonstrations were large, constant and unpredictable, often springing up organically in several neighborhoods at once. While the vast majority of protests were peaceful, in cities like New York, Philadelphia, Minneapolis and Portland, Oregon, buildings were looted and fires were set, and demonstrators hurled firecrackers and Molotov cocktails at law enforcement officers. At least six people were killed; hundreds were injured; thousands were arrested.
The reports are strikingly similar, a point made by the Indianapolis review, which said that officers’ responses “were not dissimilar to what appears to have occurred in cities around the country.” Of the outside reviews, only the police department in Baltimore was credited with handling protests relatively well. The department deployed officers in ordinary uniforms and encouraged them “to calmly engage in discussion” with protesters, the report said.
Reviewers more often found that officers behaved aggressively, wearing riot gear and spraying tear gas or “less-lethal” projectiles in indiscriminate ways, appearing to target peaceful demonstrators and displaying little effort to de-escalate tensions. In places like Indianapolis and Philadelphia, reviewers found, the actions of the officers seemed to make things worse.
Departments also were criticized for not planning for protests, despite evidence that they would be large. In Los Angeles, “the lack of adequate planning and preparation caused the Department to be reactive, rather than proactive,” inhibiting the officers’ ability to control the violence committed by small groups of people.
As with the protests in Washington, D.C., on Jan. 6 that culminated in the Capitol riot, police also did not understand how angry people were, in some cases because they lacked resources devoted to intelligence and outreach that would have put them in better touch with their communities.
“American police simply were not prepared for the challenge that they faced in terms of planning, logistics, training and police command-and-control supervision,” said Chuck Wexler, the executive director of the Police Executive Research Forum, a nonprofit that advises departments on management and tactics.
Police departments in some cities have fought back against the findings, arguing that officers were asked to confront unruly crowds who lit fires, smashed shop windows and sometimes attacked the police. Business owners, downtown residents and elected leaders demanded a strong response against protesters who were often never held accountable, the police have said.
“Heaping blame on police departments while ignoring the criminals who used protests as cover for planned and coordinated violence almost guarantees a repeat of the chaos we saw last summer,” said Patrick J. Lynch, president of the Police Benevolent Association in New York City.
The reports repeatedly blamed police departments for escalating violence instead of taming it. At times, police looked as if they were on the front lines of a war. They often treated all protesters the same, instead of differentiating between peaceful protesters and violent troublemakers. In part, the reports acknowledged, that was because of the chaos. But it was also because the protests pitted demonstrators against officers, who became defensive and emotional in the face of criticism, some reports said.
In Portland, where protests continued nightly, police officers used force more than 6,000 times during six months, according to lawyers with the U.S. Department of Justice, which reviewed officers’ actions as part of a previous settlement agreement. The review found that the force sometimes deviated from policy; one officer justified firing a “less-lethal impact munition” at someone who had engaged in “furtive conversation” and then ran away.
Several reports faulted departments for failing to train officers to de-escalate conflict, control crowds and arrest large numbers of people. In Raleigh, N.C., officers said they were supposed to be trained to manage crowds annually, but those trainings were often canceled. Most Portland police officers had not received “any recent skills training in crowd management, de-escalation, procedural justice, crisis prevention, or other critical skills for preventing or minimizing the use of force,” the city’s report found.
In Chicago, investigators could not even determine the last time that officers had been trained in mass arrests, but the most recent possible time was likely before a NATO summit meeting in 2012.
The reviews did not examine protesters’ complaints of racial bias in policing. But activists in Indianapolis told reviewers they wanted an acknowledgment by the department that systemic racism exists. The Portland Police Bureau said it was planning anti-racism training for all officers.
All told, the reports suggest the likelihood of problems in the event of future protests. The trial now underway in Minneapolis of the officer facing the most serious charges in Floyd’s death, Derek Chauvin, is one potential trigger.