A radio journalist, Timothy Ryan, who covered a George Floyd riot in downtown Oakland in June, 2020, is suing the City because, he says, he was choked by tear gas fired by cops, and then he fell down, causing ligament tears and a broken bone in his right foot. Ryan is suing two OPD officers I know and respect, Sgt. Pat Gonzalez and Capt. Roland Holmgren, for “failing to train and properly oversee officers using excessive force against people exercising their right to gather, including a journalist attempting to report the news.”
Look, this is such bull, I can’t even begin to describe it. Let’s understand one thing: Ryan chose to cover a big protest that everyone, repeat everyone realized was likely to turn violent. By June, 1, 2020, when this particular riot occurred, downtown Oakland had seen nearly ten years of similar riots, first by Occupy Oakland and later by George Floyd-inspired groups. Any reporter who covered that June 1 protest knew exactly what he or she was getting into. For Ryan to sue OPD is an spectacularly cynical, wrong thing to do. If he wants to sue anyone, it should be the rioters, not the police who tried to protect downtown.
Back in October, 2011, I went to a big Occupy Oakland demonstration downtown, partly as a journalist (to report on my blog) and partly because I deeply sympathized with Occupy Oakland. When the protest turned ugly and violent, I, too, inhaled tear gas, and in the ensuing melée, I was punched in the chest by a masked Occupy dude. Did I think of suing OPD for my injuries? Of course not. It wasn’t OPD’s fault the crowd went berserk, setting arson fires, breaking store windows and attacking innocent people like me. It was the fault of the perpetrators who caused the violence. Now, it is true that young Scott Olsen, who was severely injured in the riot from a police projectile, did sue OPD and subsequently was awarded $4.5 million.
But I never agreed with that verdict. As one who was in the front line when the riot started, just feet away from Olsen, I can personally testify that an OPD officer using a loudspeaker begged the crowd for at least ten minutes to please back up; otherwise, he warned, the cops might have to use chemical and other dispersants. When they refused, and advanced menacingly toward City Hall, the cops had no choice but to break them up. Olsen could have heeded the police warning at any time, but he didn’t.
Same with this Timothy Ryan. He placed himself in danger, fully understanding the risks, and when he got hurt, he should have chalked it up to experience. But no; perhaps he remembered, and coveted, Olsen’s $4.5 million. Look: journalists who cover dangerous places knowingly put their lives in danger. Look at all the reporters in Mexico, India and other countries where reporters are routinely killed and injured. You don’t see their families bringing frivolous lawsuits. But for some reason, here in America, people can sue police departments based on a fake reason, like Ryan’s assertion that Gonzalez and Holmgren “failed to train and properly oversee officers.”
You know who I also blame for this travesty? The City Council. I can almost guarantee you they’ll strike a deal with Ryan and pay him a lot of money. But what they should be doing is fighting this outrageous extortion racket. Tell Ryan you’ll meet him and his lawyers in Court, and you’ll fight for as long as it takes. Don’t just knuckle under to this guy when you, OPD, did nothing wrong.
Steve Heimoff