Dylan Brogan
Madison police used pepper spray, tear gas, and projectile launchers to disperse crowds following peaceful protests against police violence at the end of May.
The Madison police department is under intense pressure to change the way it uses deadly force. And it is moving forward with a program to provide “less-lethal tools” in every squad car, specifically shotguns that fire Kevlar bean bags full of lead and modified grenade launchers that fire 40mm foam-tipped projectiles. However, some alders say the police used this equipment inappropriately during the unrest in downtown Madison at the end of May.
“[MPD] used this weapon for crowd control against protesters — which is completely against its own policy. That’s what these launchers were designed to do: control crowds,” says Ald. Rebecca Kemble. “I do not support officers having access to this equipment when MPD just showed us they are willing to use it against protesters who posed no threat to anyone.”
Acting Chief Vic Wahl is requesting $50,000 to complete the “Less Lethal Initiative,” which would come from borrowed funds previously approved for the Midtown Police Station. The department already received $60,000 in its 2020 budget for the project. The city council will consider the request at its June 16 meeting.
“The original amount budgeted will not be sufficient to outfit every squad car,” writes Wahl in an email response to questions submitted by Isthmus. “This [request] is to increase availability of these devices and reduce the likelihood that one will not be immediately available to officers responding to a crisis. The objective is to provide non-lethal options to reduce the chances that MPD officers will have to use deadly force.”
The department’s Standard Operating Procedure dictates that kinetic impact projectiles “will not be used to move or disperse crowds” or in crowd control situations unless there is “imminent risk of harm to officers or citizens.”
Wahl confirmed on his June 2 blog that MPD officers “deployed a handful of less lethal sponge rounds” during confrontations with protesters on May 30 and 31. Isthmus documented the May 31 use of impact projectiles by police. Police spokesperson Joel DeSpain writes in an email that use of the launchers will be reviewed but adds there is “‘imminent risk of harm to officers or citizens’ when rocks, bricks, and bottles are thrown at police. Chief Wahl has told council members that 19 officers were injured in the early days of the Madison protests when otherwise peaceful gatherings gave way to violence.”
Ald. Max Prestigiacomo plans on introducing an amendment to block the purchase of more “less-lethal” weaponry at the council meeting.
“Taxpayer dollars are better spent on mitigating violence through prevention initiatives and social services,” says Prestigiacomo. “This just seems like more military toys and really, why does every squad car need this?”
The death of George Floyd, who was killed by a Minneapolis police officer on May 25, has sparked a nationwide movement to “defund the police” and reimagine law enforcement in America. Protesters in Madison continue to hold demonstrations — including one June 15 that blocked traffic on East Washington Avenue for several hours. Among other demands, there were again calls for the city to fire Matt Kenny — the Madison police officer who fatally shot 19-year-old Tony Robinson in 2015.
Prestigiacomo says it’s time to “demilitarize our police force” and for law enforcement to reexamine how it engages in potentially dangerous situations.
“Chief Wahl says these weapons are needed as an alternative to using even more force. I think we need to rethink why any force is being used in the first place,” says Prestigiacomo. “We need to flip the mindset here. I don’t think there was ever an intention by the police to look at public safety through the eyes of protesters — people who were standing up against state-sanctioned violence and police brutality.”
Seven alders and the American Civil Liberties Union of Wisconsin condemned the show of force by Madison police, the Wisconsin National Guard and other law enforcement agencies during actions to disperse protesters after reports of looting on State Street on May 30 and a brief altercation with police on May 31. Police used pepper spray guns, tear gas, and projectile launchers in an attempt to disperse a crowd of protesters — some of whom the police say were throwing rocks at officers.
“Tear gas is a dangerous chemical weapon that is deemed illegal for use during warfare by many nations around the world,” wrote ACLU of Wisconsin executive director Chris Ott in a June 1 statement. “We have also seen the devastating injuries that have been caused by the use of rubber bullets. Neither weapon should be used in the streets against civilians.”
Wahl says the department’s goal of providing more “less-lethal alternatives” to its officers was made last year in response to community feedback and an anticipated recommendation from the Madison Police Department Policy & Procedure Review Ad Hoc Committee. The committee’s final report, released Oct. 18, 2019, includes a recommendation that Madison police “consider acquisition and training in additional well-developed, less-lethal tools, such as newer options for chemical sprays and better/safer kinetic weapons.”
The council on June 16 will also consider another key recommendation from the Ad Hoc Committee: creation of a Civilian Oversight Board that will, eventually, work with an independent police auditor to provide a new level of accountability to the department.
As the city begins implementing new reforms to law enforcement and calls for defunding the police grow louder nationwide, Prestigiacomo is discouraged that the Madison Police Department tried to “sneak in” additional funding for the “Less Lethal Initiative” in a budget request reallocating $125,000 to purchase an emergency generator for the East District Station.
“It’s a big red flag. Some alders didn’t even know their name was on [the request] initially,” says Prestigiacomo. “We’ve seen pepper spray, tear gas and these [projectile] weapons used violently against protesters. It all goes back to the fact that police are inherently violent. This one budget item is just a small part of a broader discussion we as a community — we as a nation — need to be having about public safety.”
