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Court sides with city in noise complaint lawsuit amid Portland ICE facility protests

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PORTLAND, Ore. (KOIN) — The Portland Police Bureau is not obligated to enforce noise complaints from protests outside a federal Immigration and Customs Enforcement facility in South Portland, according to a new court ruling.

The ruling comes after the tenant of a low-income apartment complex near the ICE facility sued the city, alleging that the police’s failure to enforce noise laws caused adverse effects on her health.

However, despite the City of Portland’s Title 18 Noise Control Code stating quiet hours are generally between 10 p.m. and 7 a.m., the judge did not rule in the woman’s favor.

In a statement, a spokesperson for the City of Portland said, “The City is grateful for the Court’s thoughtful consideration of this matter.”

The City of Portland’s Ombudsman’s Office also told KOIN 6 News in a statement that the noise complaint enforcement outside the ICE facility also fell outside its jurisdiction.

The original lawsuit, which ultimately sided with the city, saw the South Portland tenant complaining about sound amplification devices, including bullhorns and other high-pitched sounds, used at all hours of the day and night during protests. The woman allegedly woke up one morning with blood coming from her ear after one noisy night of protest in late June, according to the suit.

For more than two months now, protests have taken place outside the ICE facility, often resulting in property destruction like graffiti and federal agents deploying flash-bangs and tear gas. The woman’s lawsuit also alleged she was exposed to noxious chemicals via munitions deployed during the protest that came in through her open window.

Some of the protesters also allegedly threatened the woman, who is disabled and doesn’t have a car, the suit said.

KOIN 6 News spoke with local South Portland residents on Tuesday, with many of them saying there is still a good amount of commotion going on during protests surrounding the South Macadam Avenue facility.

One neighbor described it as “warzone”-like, while another said they agree with the protesters’ cause, but take issue with their “tactics.”

“I’ve never had to carry any kind of personal protection. But now I carry a stun gun and I carry bear mace, and I fear for my life,” said one South Portland resident who wanted to remain anonymous for fear of retaliation.

Some said they’ve been cussed out by protesters hassling them for their ID, while others are now seeking to move out of the South Portland area entirely due to the fracas.

There are now anti-camping notices from the City of Portland outside the ICE Facility. However, the green signs have been posted in the past only for the overnight protesters to return, periodically, over the past two months.

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Ariel Iacobazzi

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