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BREAKING: Judge says Portland police don’t have to enforce noise rules at 24-hour Antifa ICE protest

The ruling stems from a writ of mandamus, filed by a disabled black woman living in low-income housing across from the ICE facility, asking to compel the city to enforce noise ordinances.

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The ruling stems from a writ of mandamus, filed by a disabled black woman living in low-income housing across from the ICE facility, asking to compel the city to enforce noise ordinances.

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Katie Daviscourt Seattle WA
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A Multnomah County judge ruled on Thursday that the Portland Police Bureau does not have to enforce the city's noise ordinances on protesters involved in the 24-hour Antifa occupation outside the US Immigration and Customs Enforcement (ICE) facility in South Portland.

Judge Ellen Rosenblum's ruling stems from a writ of mandamus, filed on July 8 by a black disabled woman living in low-income housing across the street from the ICE office, which asked the Court to compel the city to enforce its noise ordinances on protesters who have been using bullhorns and a makeshift long-range acoustic devices (LRAD) to harass ICE agents and residents on a nightly basis since the unlawful occupation began on June 7, more than two months ago.



Plaintiff Cloud Elvengrail argued in the suit that the anti-ICE occupation has her trapped amid "shrill, high-pitched buzzers and bells, screeching and piercing whistle-type sounds, and sounds that mimic air raid warning sounds - the type of which might be used to give notice of a nuclear bomb being launched and headed in one's direction."

Elvengrail asked the judge to require the city to enforce its noise codes within 500 feet of her Gray's Landing apartment building, citing monthslong harm and human suffering. She testified that the nightly noise has been akin to a "torture chamber," claiming that Antifa's makeshift sonic weapons have caused her ears to bleed. Additionally, Elvengrail said she is afraid for her welfare due to the ongoing violence stemming from the occupation, which has resulted in more than 20 Antifa-affiliated protesters being criminally charged by the Department of Justice for a variety of offenses.

Elvengrail told the Court that she has been a repeated victim of harassment from members of Antifa, who have shown up at her residence to intimidate her after she expressed disdain for their criminal occupation. Evidence of such actions was presented to the Court, and several additional residents of Gray's Landing testified as witnesses, stating that they had not felt safe living in their neighborhood since the occupation began. Video evidence of frequent assaults and harassment from protesters was shown to Judge Rosenbaum.

Elvengrail's attorneys, Julie Parrish and Thomas Rask of Kell, Alterman, and Runstein, argued that the city has failed to enforce its noise codes and the Portland Police Bureau has failed to respond to ongoing unlawful assemblies outside the ICE facility, which the agency is obligated to quell such criminal actions under a Department of Justice consent decree.

Attorneys for the city brought several PPB officers to testify as witnesses, some of whom falsely claimed that the bureau had been monitoring the occupation on a daily basis since it began more than 65 days ago. The Post Millennial has been the only news outlet consistently reporting on the ground and has observed Portland Police officers outside of the ICE facility one time since late June.

In closing statements, the city argued that forcing police to respond the way a resident wants them to respond sets a scary precedent, while Attorney Rask told the Court that the city has failed to uphold its lawful duties. Portland Police did not respond to several 911 calls from residents and bystanders reporting crimes at the occupation.

Judge Rosenblum, the former Democratic Oregon Attorney General, denied the writ of mandamus, citing insufficient evidence, despite ample videos of assaults and witness testimony presented to the Court. However, Rosenbaum expressed sympathy for the impacted residents and said she would encourage PPB to take more action against unlawful activity being committed by protesters.



Since June 7, protesters have engaged in arson attacks on the ICE facility, assaulted federal agents, members of the media, and residents, and have carried out additional violent criminal acts.



"Because she cannot drive and cannot afford to leave her residence to seek shelter elsewhere, she is trapped with nowhere to go to seek reprieve from the nightly onslaught of noise," the legal filing states.

Elvengrail was captured in a viral video taken by The Post Millennial on June 29, confronting anti-ICE protesters, predominantly black bloc Antifa militants, over the group's ongoing noise violations past the midnight hour. 

 



The video, taken at 12:41 am, shows Elvengrail approaching Antifa-affiliated individuals who were blasting music near the driveway of the ICE facility. She proceeded to knock over the Bluetooth speaker with her cane and expressed grievances over protesters' use of a makeshift long-range acoustic device (LRAD), which she claimed has impacted her mental and physical health.



This is a breaking report. Refresh the page for updates.
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Comments

Steve

One's first inclination is to tell impacted residents to move. However, I know several people in downtown Portland, and they don't have the resources to move out to the more expensive outer areas. Antifa's all about protecting "black and brown people" until those same people go against black bloc dogma. Then all bets are off.

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