Portland police are not required to enforce noise rules at protests outside the U.S. Immigration and Customs Enforcement office in the South Waterfront, a judge ruled last week.
The ruling from Multnomah County Senior Judge Ellen Rosenblum, a former Oregon attorney general, was in response to a lawsuit filed last month by a resident of Gray’s Landing, a low-income apartment building next to the ICE facility. In it, resident Cloud Elvengrail asked the court to compel the city of Portland to enforce noise ordinances around the area.
She and other neighbors have “been subjected to an onslaught of noise” by protesters who have demonstrated at all hours, her attorneys wrote. Elvengrail’s attorneys said she is seeking the same outcome as other residents: peace and quiet.
According to the filing, air raid sirens and shrieking noises have battered Elvengrail’s ears and caused them to bleed. Tear gas and pepper spray from federal agents have created a “near-nightly toxic environment” from which Elvengrail cannot escape. And her apartment doesn’t have air conditioning, so she must keep her windows closed while indoor temperatures remain high, according to the filing.
Elvengrail has called 911 and non-emergency police more than 40 times since protests began and claims she has not received meaningful help. In some cases, police have told her to leave and take a break from the noise, the filing stated.
She has also confronted protesters herself to tell them to be quiet, which put a target on her back, the filing said. In one instance on June 30, a protester doused her with a liquid she believed was alcohol.
Rosenblum said in a Thursday court hearing she felt the attorneys representing Elvengrail did not meet the high legal bar to allow her to make the city act. But she was sympathetic to Elvengrail and other neighbors at Gray’s Landing. She said police could, and in her opinion should, use their discretion to ensure city noise rules are followed in the late evenings around the ICE building.
She ruled that police do have discretion and have used it in determining how and whether to intervene in nightly protests outside the facility.
Under city noise rules, between 10 p.m. and 7 a.m., noise levels must stay at around 50 decibels in “open space zones,” which the filing says would apply to protesters on public sidewalks and streets. The filing stated that Elvengrail has measured sound readings inside her apartment 15 to 20 decibels higher than the limit.
Attorneys for the city brought top Police Bureau officials to testify in a July 25 hearing on the matter and on Thursday.
A Portland police spokesperson declined to comment on the ruling, instead sharing a statement from City Attorney Robert Taylor, who said, “The city is grateful for the court’s thoughtful consideration of the matter.”
Police have been cautious about appearing to cooperate with federal immigration authorities, citing state sanctuary laws. In June, Police Chief Bob Day spoke publicly about avoiding any actions that might show “perceived or actual support” for immigration agents after Portland officers cleared a blockade of the ICE driveway to let an empty transport van pass.
Julie Parrish, an attorney representing Elvengrail, said she believes police are avoiding enforcing noise regulations because they don’t want to be perceived as working with ICE.
Parrish said she is continuing to explore options to help Elvengrail as protests continue.
“If we can help our client, we can help everyone in the neighborhood,” she said.
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