Portland Unveils New Policy That Prohibits Charging Protesters With Non-Violent Crimes

Portland, Oregon’s District Attorney Mike Schmidt says his office will not prosecute protesters who have been charged with low-level offenses.

In a statement detailing the new policy released on Tuesday, Schmidt noted the protests that have been ongoing since the death of George Floyd on May 25.

The statement reads, “The demands for change go beyond a call for an end to police violence and encompass the need for us all to acknowledge and address centuries of racism and oppression.”

“As prosecutors, we acknowledge the depth of emotion that motivates the demonstrations and support those who are civically engaged through peaceful protesting,” he added. “We recognize that we will undermine public safety, not promote it, if we leverage the force of our criminal justice system against peaceful protestors who are demanding to be heard.”

Schmidt argued that prosecutors not only need to “advance the safety of our community,” but also “promote economic and housing stability, educational opportunities, strong family and community relationships, and the mental and physical health of all those who live in our county.”

He continued:

“Seen through that lens, the prosecution of cases relating solely to protest activities, most of which have a weak nexus to further criminality and which are unlikely to be deterred by prosecution, draws away from crucially needed resources. As stewards of public resources, we must devote our efforts to prosecuting crimes that allow us to protect our most vulnerable victims to have the greatest impact on promoting a safer community for everyone in Multnomah county.”

Schmidt added that his office would “presumptively decline to charge cases where the most serious offenses are city ordinance violations and crimes that do not involve deliberate property damage, theft, or the use or threat of force against a person.”