RESOLUTION NO. 2019-17 – Force, Non-Violent Civil Rights Demonstrations

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Related Area: | Administration | | Grants | | Police |
Related Elkins Municipal Code (EMC):
Related Year:| 2019 |

Ordinance #: 2019-17

A RESOLUTION PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT UNDER ELKINS’ JURISDICTION AGAINST INDIVIDUALS ENGAGED IN NON-VIOLENT CIVIL RIGHTS DEMONSTRATIONS.

WHEREAS, the City of Elkins is applying for AEDC (Arkansas Economic Development Commission) funding; and

WHEREAS, the City must adopt a policy to comply with the relevant section of the Housing and Community Development Act of 1974 as a condition of funding;

NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF ELKINS SHALL ENSURE AND ENFORCE THE FOLLOWING:

  1. Law enforcement agencies under the City’s jurisdiction shall not use excessive force against any individual engaged in a non-violent civil rights demonstration.
  2. Law enforcement agencies under the City’s jurisdiction shall not physically bar the entrance or exit of a facility or location which is the subject of a non-violent civil rights demonstration.
  • The City’s response to such non-violent civil rights demonstrations shall endeavor to protect the rights of all non-violent demonstration participants, persons located in the vicinity, and persons owning property in the vicinity.
  1. If anon-violent civil rights demonstration should occur, force shall only be permitted when necessary to protect the rights of individuals or to uphold the law, and the City shall only permit the least amount necessary to achieve its lawful goals.

PASSED AND APPROVED this 19th day of September, 2019.