If you haven’t signed this petition, you probably should.
I had always understood it to be unlawful for police to use force except to protect themselves or the public. Just as it would be unlawful for me as a private citizen to pepper spray someone (no matter how noxious I find their opinions or means of expressing themselves), it is clear from the video of the event that the police at UC Davis were not adhering to this basic rule about the lawful use of force.
Also, let us be clear. Pepper spray is not harmless. In the best of circumstances it causes intense and debilitating pain. That’s the whole point. Unfortunately, there is also the risk of doing serious and permanent harm. Pepper spray an asthmatic, or someone with an allergy to the components, or someone who is otherwise medically sensitive can be a life threatening proposition. The use of pepper spray must always be limited to instances of imminent threat of harm to the police or the public. Causing intense and debilitating pain to a member of the public should never be undertaken lightly, and risking the more serious harm should give us even greater pause.
The police officers at UC Davis, by all appearances, did not use the pepper spray with these principles in mind. By all appearances they used it as a form of punishment of the protestors. Cruel and unusual punishment is prohibited under the constitution, and I am aware of no jurisdiction in which pepper spray is a possible punishment for a crime, nor any in which the police are authorized to determine who is deserving of such punishment. As such I hope that the DOJ will do the right thing, and open an investigation into this case.
