News & Commentary

***UPDATE: A Missoulian article from June 12 includes some of the young man's experience, addressing the June 6th story that did not include the harrassment and fear that this young man endured when being chased down by armed people and handcuffed by police.***“Police have a duty to protect the right of people to protest. At the Missoula protest for Black Lives on June 5, the police failed in that duty. Seemingly taking the law into their own hands, armed men chased down and detained a Black protester and held him until police arrived.  In Missoula, at a protest for Black lives, a young Black person was not safe from harassment and harm. Where were the police to protect him? Did the police question or detain the armed men for their actions?  What occurred on Friday is just one example of many we are seeing across the country -- due to racism and white supremacy, Black people are not safe in this country. Missoula is not immune to the disease of racism and white supremacy. We must do better.”  Zuri Moreno, Policy Associate, ACLU of MontanaThe Missoulian published an inaccurate account of the incident in their paper on June 6. This is part of the problem. Below is this young man’s account in his own words. For safety reasons, the individual has chosen to remain anonymous. Read on:“On Friday I attended the BLM Missoula protest at the courthouse. A militia group noticed my face was covered, decided that I was suspicious and began to follow me. When I was at the protest, I took a video of them talking about the mask I was wearing and I felt threatened. Two people at the protest checked in with me to make sure that I was ok. I told them that I felt like I needed to get out of there because I felt threatened.I biked off as the militia group began to follow me. They were following me on foot and in trucks. I turned around thinking I lost them and I was cornered in the street, so I moved towards an alleyway adjacent to the court house. I said hi to an armed guy who was waiting there for me and he signaled to his group. Then I was circled by the militia who were all armed with firearms.They knocked me off my bike hard enough for my phone to fall while I was recording them and “detained” me. The militia refused to let me go unless I showed my identity. But, I refused to show them my identity because I felt like this is what happened to Ahmaud Arbery and I was afraid they were going to kill me.Thankfully I am still alive to tell you about this. They told me they were a protective group fighting off bad guys, but I was a protestor so I didn’t understand why they were chasing me. I still refused to show my face so they could take a picture because I was afraid for my life. They could see my hands and knew I was African American, but they wanted to see my face and take a picture of me. When I refused to show my face they didn’t like that so they moved in on me. I waited for a gap in the gang and took off running as fast as I could. I made it onto the court house yard while they chased after me. I was tripped and fell to the ground and they piled on top of me. One of them said, “Put your hands behind your back or we’re breaking your fucking fingers”. Law enforcement showed up, got them off of me and put me in handcuffs.

"We are united in solidarity with all of the communities across the country reeling from the murders of Black people by police, namely George Floyd, Ahmaud Arbery, Breonna Taylor, Tony McDade, David McAtee, among many others. And we know that too many of these murders happen without public awareness, when they are not caught on video or reported by the media. Police violence occurs too often against Black people. Murder and other forms of violence against Black people by police in this country must end. The systemic targeting and use of force against this community must end. White supremacy must end. We uplift the Black Lives Matter movement.As people across the country exercise their constitutionally protected right to protest, those protests have too often been met with a brutal and militarized police resistance that has resulted in even more violence.As a nation, we must reimagine the role for police, including a significant reduction in the responsibilities and presence of police in the communities most impacted by law enforcement and the criminal legal process. We must instead reinvest funding in communities, especially those communities that are targeted by police. As Montanans join protests against police killings and for racial justice, we call on police across Montana to take seriously their role in ensuring the safety of those exercising their fundamental right."

Yellowstone County District Court has issued a temporary restraining order blocking a state law that severely restricts Indigenous people’s right to vote. The action means the law is blocked pending the outcome of a hearing scheduled for May 29. The primary is June 2.

I’ve worked with the ACLU of Montana for nearly 11 years, and have read heart-wrenching intake complaints from across state for years.  But, what I’m reading from incarcerated people and their families in response to COVID-19 is about as heart-wrenching and unjust as I have ever seen.

The ACLU of Montana sent right-to-know requests to the Department of Corrections, the Governor’s Office, and the Board of Pardons and Parole, along with Gallatin County Pre-Release Center, Lewis and Clark County Jail, and Butte County Jail.  These public records requests seek information regarding testing and preventive measures undertaken by state and local agencies to address the COVID-19 pandemic. 

Governor's directive on COVID-19 and the criminal legal system is too late, and far too little.

Disability Rights Montana today filed an emergency petition asking the Montana Supreme Court to take immediate action to benefit prisoners with disabilities by reducing the number of people who are now in or who will enter Montana’s jails and prisons. The ACLU of Montana, together with the Beck, Amsden and Stalpes law firm filed the petition on behalf of Disability Rights Montana.

Today, the Montana Supreme Court ruled in favor of Agustin Ramon, who was held by the Lincoln County Detention Center pursuant to a federal immigration detainer.  The lawsuit, filed by the ACLU of Montana, ACLU, and Border Crossing Law Firm, effectively ends the ability of state and local police and sheriffs in Montana to hold people based on federal immigration detainers. 

The ACLU of Montana contacted Governor Bullock and Montana Department of Corrections Director Michael last week urging them to develop plans to protect some of Montana’s most vulnerable population from COVID-19 – the people in our prisons and jails, and those involved in the criminal justice system. Today, the organization, along with partner organizations, urged the Governor, Director Michael, and representatives from every part of the criminal legal system to prioritize releasing people who are vulnerable and, as much as possible, end new incarcerations, revocations from supervision, and other activities that make social distancing impossible. Read the letter.