Portland Woman’s Lawsuit Over Protest Noise Prompts ICE Camp Shutdown

PORTLAND, Ore. — After a Portland woman, Cloud Elvengrail, filed a lawsuit under the city’s noise ordinances claiming that the protesters camping outside the ICE facility had created a nuisance, the city of Portland cleared the small protest camp on Friday afternoon.

 

Protesters Camp Near Portland ICE Facility Removed

In the lawsuit, Elvengrail alleged that the city failed to enforce its noise ordinance, specifically regarding the camp and the individuals who broadcast loud noises all night.

Tidings Data Snapshot
Portland Noise Limits At Property Line
Day hours
7 a.m. to 10 p.m.
Night hours
10 p.m. to 7 a.m.
55 dBA
Residential source to residential receiver during day hours
60 dBA
Commercial source to residential receiver during day hours
65 dBA
Industrial source to residential receiver during day hours
Minus 5 dBA
Required reduction during night hours
Minus 5 dBA
Additional reduction for steady or narrow band sound

Source: City of Portland / Title 18 / Section 18.10.010 permissible sound levels and adjustments
Dailytidings.com

Videos submitted show emergency vehicles and officials outside the ICE facility with sirens blaring. A high-pitched screeching noise that sounds like it is coming from a speaker can be heard for an extended period.

TopicWhat Portland saysPractical detail
Covered noise typesAmplified sound, commercial and industrial noise, HVAC, powered tools, construction equipmentCity points complaints to the Noise Program intake form
Common noises not enforcedExamples listed include trains, aircraft, moving vehicles, emergency warning devicesYou may get routed to a different agency depending on noise type
Complaint processingFormal complaints use the city form for Title 18 issuesCity notes it can take at least two weeks to review and process
Night response realityStaffed work is described as daytime focusedNight investigations are described as limited and not a first response function

 

Elvengrain, who is disabled and does not drive, rents a low-income unit across the street from the ICE facility where the protesters camped.

In her lawsuit, she says that she has been forced to walk past combative protesters to get to the bus stop, endured fumes from tear gas sprayed on protesters by the Portland Police Bureau and/or federal agents, which seeped into her apartment, making her ill, and the commotion has triggered her PTSD.

Tidings Data Snapshot
Oregon Tear Gas Rule For Crowd Control
Tear gas for crowd control: only during a riot
Riot threshold: 6 or more people involved
Before tear gas: 3 required steps in order
Required announcements: 2 times

Source: Oregon Laws 2020 1st Special Session / Chapter 8 HB 4208 / ORS 166.015
Dailytidings.com

A widely shared video on social media also shows Elvengrail confronting protesters over the noise, yelling expletives and insults, to which the protesters respond with insults and expletives. Elevengrail is also concerned about her safety after allegedly receiving threats from people at the camp.

As the City of Portland cleared the camp, Portland Police Bureau (PPB) members stood by to respond if necessary.

PPB strives to strike a balance between public safety, community well-being, and constitutional rights and will continue to monitor nightly demonstrations in the South Waterfront and address these as resources allow.

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