The American Civil Liberties Union of Oregon has filed a lawsuit against the city of Medford, claiming that the police department has been unlawfully monitoring progressive political activists without any suspicion of criminal activity. City officials argue that the monitoring was done to prepare for potential public safety issues rather than targeting individuals based on their beliefs or activities protected under the constitution. Laws enacted in the early 1980s in response to similar incidents prohibited law enforcement agencies from collecting information on individuals or groups based on their political, religious, or social views unless related to a criminal investigation.
According to the lawsuit filed in Jackson County Circuit Court, the Medford Police Department has been monitoring the activities and social media accounts of individuals engaged in various causes, such as racial justice, LGBTQ+ rights, reproductive rights, drug overdose prevention, and helping unhoused individuals. The lawsuit is based on police emails and documents obtained through public records requests by the website info4publicuse.org, alleging that the department violated the law by monitoring social media for information on protests, including Black Lives Matter demonstrations and protests related to abortion rights.
Kelly Simon, the legal director of the ACLU of Oregon, criticized the Medford Police for disregarding the state law prohibiting this type of surveillance, stating that their actions show a clear disregard for the law by those entrusted to uphold it. In response, Medford City Attorney Eric Mitton stated that the purpose of reviewing publicly available information on social media was not to assess individuals’ beliefs but to address police concerns regarding public events. Medford Police Chief Justin Ivens stressed the department’s commitment to community safety while respecting constitutional rights, using publicly accessible information to plan and ensure safety at events.
The lawsuit highlighted instances where police monitored social media for events like a drive-in movie showing during Juneteenth activities, protests related to a local jail’s COVID-19 outbreak, and demonstrations following the Supreme Court’s decision on abortion. Police records revealed monitoring of organizations like the Rogue Valley Pepper Shakers and Stabbin Wagon, along with public statements criticizing police actions. Plaintiffs in the lawsuit include the Pepper Shakers, Stabbin Wagon, and their respective founder Melissa Jones. Jones expressed her disappointment in the police’s actions, stating that resources were being misused spying on individuals trying to help their community.