Pepper spray, formally known as aerosolized oleoresin capsicum or "OC spray," is so toxic and dangerous that it is classified and regulated under state law as a form of tear gas. It can cause not only intense pain, but also blistering of the skin, respiratory arrest, and even an increased risk of strokes and heart attacks; its psychological and emotional impacts are uncertain.

And yet, it is alarmingly overused in California's juvenile detention facilities against youth as young as 12 and those in psychiatric crises.

This ACLU Foundations of California report, the result of reviewing 10,465 documents, is the first to detail the use of these toxic chemical agents in state and county juvenile detention facilities. It finds that state and county officials used toxic chemical agents more than 5,000 times between January 2015 and March 2018 against children and youth in juvenile facilities in 25 counties and in state facilities overseen by the Division of Juvenile Justice.

The number of incidents for that time period for the state would likely be much higher, but 18 additional counties that allow pepper spray to be used in juvenile detention facilities failed to provide data on how often it was utilized.

Banning the use of the spray in juvenile facilities is not a new idea — 35 states and seven of California's counties have already done it.

The Los Angeles County Probation Department — which oversees one of the largest juvenile justice agencies in the world — is likely to join them soon. It has released a plan to implement a Los Angeles County Board of Supervisors’ directive to ban the spray in its juvenile facilities by the end of the year.

It's time for the rest of California to follow suit. The report recommends:

  • A legislative, complete ban on the use of all chemical agents — including but not limited to tear gas weapons such as OC spray — against youths in the juvenile justice system in California.
  • If a statewide ban is not implemented immediately, counties and state agencies that continue to allow this form of use-of-force in juvenile facilities should be required to make information involving the chemical agents publicly available on their websites.

The ACLU of California furthermore calls for robust transparency on all uses of force in juvenile detention facilities.

Read the full report.

» See the documents we obtained in response to our California Public Records Act requests.

» See the letters we've sent to 22 counties regarding their failures to comply with our PRA requests.

Date

Wednesday, May 22, 2019 - 9:30am

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Toxic Treatment: The Abuse of Tear Gas Weapons in California Juvenile Detention

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A report on the use of toxic chemical agents against youth as young as 12 in juvenile detention

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Inside a detention facility, a sign on a door that reads: OC Pepper Spray is Used in This Institution

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The Netflix series "When They See Us" reminds us that the power of a story isn't its content or delivery. It's more fundamental. The power of a story lies in who gets to tell the story and who listens.

"When They See Us" confronts the reality of our criminal justice system, where law enforcement narratives dominate and people who endure injustice are silenced. Many who have faced the system can't bear to say the words "criminal justice system" because justice so often goes missing.

The series tells the true story of five men who as teenagers were wrongly accused of the rape of a jogger in Central Park in New York in 1989. These men endured years of racially and politically charged betrayals by the system, national condemnation and prison brutality before finally being vindicated when the true attacker confessed.

Currently, our system relies on an intentional and racist game of blame-convict-punish. When crime happens, police officers engage in often-racist searches to find whom to blame. District attorneys seek harsh convictions and victory instead of truth and fairness. Judges then dole out the punishment, which often means removing people from their stability — their jobs, families, healthcare, homes — to serve lengthy stays in prisons or jails with horrifying environments and rampant abuse.

The ACLU of Southern California is working to change this.

The ACLU SoCal works on measures that keep police accountable like Senate Bill 1421, passed last year, that finally gives Californians access to police records and Assembly Bill 392, currently in session, that would create a new use of force standard and help save lives. We work on sentencing reform, alternatives to incarceration, smooth reentry and protecting innocence.

This year, our top priority is changing how district attorneys operate in the criminal system. District attorneys are the mass incarceration machine's largest cogs. They decide who deserves a jail or prison sentence, whom to route into pre-plea or pre-trial diversion program designed to help people rebuild their lives and whose charges to dismiss. And they abuse their power. We know DAs coerce confessions. We know they fight reforms to keep juveniles out of adult court. We know they break the law in pursuit of convictions.

It doesn't have to be like this. DAs can instead protect justice and those most susceptible to injustice. They can interrupt deportations. They can partner with community services to provide diversion and treatment that keep families together. They can reduce sentences, increase transparency, create thriving conviction integrity units. They can recalibrate office priorities and even reduce their own power.

In Los Angeles County, we are working with a coalition of people who have endured harsh DA policies — along with other stakeholders, grassroots and policy organizations, artists and activists — to share people's experiences with the Los Angeles DA's office, to educate others about the power DAs wield and to encourage voters to elect a DA who reflects their values. Will you join us?

The work to upend this oppressive system begins with knowledge. It begins with stories that speak truth and stir action by centering people most directly impacted. It begins with understanding the systems at play around you. From there, we can create a world we'd like to see — a world where Black and brown lives truly matter, where justice is about seeking and protecting the truth and where DAs help ensure that what Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana and Korey Wise faced will never happen again.

We see them.

"When They See Us," created, directed and co-written by Ava DuVernay, debuts on Netflix on May 31. On June 7 at its 25th Annual Luncheon in Downtown Los Angeles, the ACLU SoCal will honor the five men — Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana and Korey Wise — with a Roger Baldwin Courage Award, and "When They See Us" will receive the Social Responsibility in the Media Award. You can purchase tickets to the event online.

Date

Thursday, May 23, 2019 - 11:00am

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[node:title]. @Ava DuVernay's "When They See Us" on @Netflix revisits the Central Park Five case.

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A production still of the Netflix series "When They See Us": A Black man and woman walk arm in arm alongside protestors behind a barricade holding posters that read "They didn't do it" and "Stop racism now."

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Jess Farris

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