A lawsuit filed on Aug. 20 by civil liberties group ACLU of Oregon and its legal partners claims Medford police broke state law by monitoring the social media accounts of local organizers.
Those named in the lawsuit that are alleging unlawful targeting are the mutual aid and educational group Rogue Valley Pepper Shakers and harm reduction non-profit Stabbin’ Wagon. Melissa Jones, former director of Stabbin’ Wagon, is also a plaintiff.
The harm reduction organization Stabbin' Wagon distributes overdose medication in Medford, Oregon on January 27, 2024.
Justin Higginbottom / JPR
The lawsuit shows communication between Medford Police Department staff, provided through a public records request by the group Information for Public Use, revealing online monitoring of social justice groups and events.
The events that police gathered information on include a drive-in movie celebrating Juneteenth and protests against the Supreme Court overturning the constitutional right to abortion, according to court documents. Both gatherings were peaceful.
A 1981 Oregon law, ORS 181A.250, bans law enforcement from collecting information about the “the political, religious or social views, associations or activities” of any group or individual unless the monitoring is directly related to the investigation of a crime.
Kelly Simon, legal director with the ACLU of Oregon, said police surveillance of Rogue Valley Pepper Shakers and Stabbin’ Wagon violated this law.
“These aren’t public safety threats. People aren’t engaged in crime,” said Simon. “But the police are being distracted by useless information and that sort of waste of resources that detracts from real public safety concerns in the community… should concern everyone.”
In a statement, Medford City Attorney Eric Mitton denied that police broke state law because their purpose in surveilling social media wasn’t to collect information on political views. Rather, officers were monitoring online activity for potential public safety concerns like traffic disruptions and property damage from rallies and protests.
“Incidents at public events, such as the conflicts and traffic disruptions in Medford on June 1, 2020, exemplify why being prepared is essential,” said Mitton. “[T]he City was able to reroute traffic and help mitigate conflicts between counter-protesters and protesters.”
Medford Police Chief Justin Ivens said in a statement that his department upholds the constitutional rights of citizens.
“We use publicly accessible information to plan and staff events impacting public safety,” said Ivens. “This ensures our ability to address potential safety concerns while safeguarding those exercising their constitutional right to free speech.”
But the ACLU’s Kelly Simon said Medford police’s online surveillance can discourage political activity.
“I think that’s what makes this kind of invasive surveillance so chilling,” said Simon. “[Y]ou don’t know you’re being followed or you’re being watched or people are kind of infiltrating your group until you know. And then once you know, it’s quite terrifying.”
The lawsuit asks the court to stop police monitoring of the plaintiffs as well as “other relief as the Court deems just and proper.”
