A federal judge says smashing windows and spraying graffiti is a 'fair trade' if it means protesters' bones aren't broken by the police

• A federal judge put new restrictions on how the police can use force on protesters in Denver, noting that people "have an absolute right to demonstrate and protest."
• Judge R. Brooke Jackson, said: "If a store's windows must be broken to prevent a protester's facial bones from being broken or eye being permanently damaged, that is more than a fair trade."
• Judge Jackson has temporarily limited the circumstances in which police can use force against protesters.
• Jackson wrote that he does not agree with property damage during the protests, but that "the threat to physical safety and free speech outweighs the threat to property."
• He added some action by police in the city and across the country has been "disgusting."

A federal judge has limited the force police in Denver, Colorado, can use against protesters, saying that breaking windows and spraying graffiti is a "fair trade" if it means protesters are not injured.

U.S. District Court Judge R. Brooke Jackson ruled on Friday night to block the use of chemicals like tear gas and non-lethal weapons like plastic bullets on protesters, saying that their right to free speech was more important than protecting buildings.

"If a store's windows must be broken to prevent a protester's facial bones from being broken or eye being permanently damaged, that is more than a fair trade," Jackson wrote in his page ruling," Reuters reported.

"If a building must be graffiti-ed to prevent the suppression of free speech, that is a fair trade. The threat to physical safety and free speech outweighs the threat to property."

Protests have spread across the country following the death of George Floyd, an unarmed black man who died after a police officer in Minneapolis kneeled on his neck for almost nine minutes on May 25.

Jackson temporarily limited the circumstances in which police can use force on protesters, and ordered a clear chain of command regarding its use.

Jackson said that police officers have a "very difficult and often thankless job," but that protesters "have an absolute right to demonstrate and protest the actions of government officials, including police officers."

"It is one of the many freedoms on which this country is built," he wrote.

He said he believed that the mistreatment of protesters and people of color has been committed by a "minority" of police officers in Denver and across the country, but said that some police action has been "disgusting."

He said that Denver police "failed in its duty to police its own."

Reports and video footage from across the country have shown police appearing to use excess force on seemingly peaceful protesters, including shooting at and arresting journalists, shoving a 75-year-old man to the ground so that he then bled from his ears, and punching, kicking, teargassing and firing at protesters.

Videos of such incidents were shown at the court.

Jackson's ruling came after four protesters filed a lawsuit, The Denver Post reported. The lawsuit claimed that Denver police "have engaged in injurious riot control tactics without issuing clear warnings and orders to disperse."

Jackson's ruling is temporary and will last for 14 days, The Denver Channel reported.

The measures the judge imposed, included:

• An officer ranked captain or higher has to give permission for projectiles or chemical agents to be used. They can only do so if they have witnessed acts of violence or destruction that justify that level of force.
• Chemical agents like pepper spray tear gas can only be used after officers order protests to disperse.
• If it seems like protesters cannot hear the order, officers must repeat it before using the chemicals.
• Projectiles cannot be shot at peoples' the head, pelvis or back.
• Projectiles cannot be fired indiscriminately into a crowd.
• No officers from outside Denver can use force in the city where Denver's officers are allowed to use.
• Officers have to keep their body cameras running at all times and are not allowed to block them.

Tyrone Campbell, a Denver Police spokesman, said the police would comply with the judge's order, Reuters reported.

Denver police said on Twitter that it would "comply with the judge's directions, many of which are already in line with our community-consulted Use of Force Policy."

But The Denver Post reported that police said it would seek modifications "that would account for limitations on staffing and body-worn cameras so the directions can be operationalized."

—Denver Police Dept. (@DenverPolice) June 6, 2020

Jackson wrote in his ruling: "Although I do not agree with those who have committed property damage during the protests, property damage is a small price to pay for constitutional rights — especially the constitutional right of the public to speak against widespread injustice."