More than 15 months since the Akron Bail Fund sued the Akron Police Department in federal court over the tactics its officers used during the Jayland Walker protests, the two sides have worked out the details of a settlement agreement that ends the lawsuit.
As expected, the settlement agreement formalized this week — more than a month after court records indicated a settlement was imminent — calls for policy changes about how the APD polices protests in the city.
The only monetary award the city agreed to pay was $30,000 in attorney’s fees for the law firm that represented the Akron Bail Fund.
“This is a step toward healing, some justice for those of us who have been vocal against police brutality and unchecked city power,” said former Akron Bail Fund lead and community activist Fran Wilson in a text message to Signal Akron about the settlement. Wilson was one of the Akron Bail Fund’s representatives during court proceedings.
The lawsuit was filed in April 2023 in the wake of widespread protests in the city following both the death of Jayland Walker in 2022, along with the protests months later after the Akron police officers who killed him were not indicted.
The lawsuit was about the use of “smoke bombs and tear gas against peaceful protesters,” unlawful police stops, searches, detentions and arrests, and the closure of public spaces that prevented protesters from gathering.
A press release from the Cleveland-based Friedman, Gilbert & Gerhardstein law firm states the agreement requires the city “to retain an expert and conduct a democratic process to craft new policies governing police conduct at demonstrations.”
“After a public input process, the City must implement new policies that limit police use of force, ban police from punishing free speech, require police to record their own activities, and prohibit police from cooperating with other jurisdictions as a way to avoid accountability.”
The policy changes are expected to go into effect in April 2025.
“A community-based process for reform around First Amendment speech will help protect dissent but it does not resolve the police brutality that started these protests,” the firm representing the Akron Bail Fund said in a press release.
“As we reflect on the recent anniversary of the police murder of Jayland Walker and the state suppression of community dissent that followed, our clients’ message is the same as it was then: Justice for Jayland.”
City must hire consultant to help draft new policy
More specifically, the settlement agreement calls for the City of Akron to “draft, implement, and train” APD officers on policies about “police interactions with people and groups involved in First Amendment protected activity” in the city.
An expert on police practices must be hired within the next 45 days to consult on drafting the new policy, and the city must hold at least one community forum with a 60-day public comment period so Akron residents can weigh in. The city will also provide a draft copy of the new policy to the Akron Bail Fund for feedback.
The agreement states the policy will “limit police use of force, including less-lethal weapons, and other adverse action, against people who are engaged in First Amendment-protected activity.” It will prohibit officers from using force on or detaining such protesters.
Officers will be required to ensure that their body-worn cameras, dashboard cameras, and other recording devices are charged, working, and turned on during any interaction with protesters.
Lastly, the settlement agreement states that the APD can’t knowingly “circumvent” the policy requirements by having other law enforcement agencies police protests.
The city will require all police officers to undergo training on the soon-to-be-developed policy within a year of its enactment and incorporate it into any training in the future.
Mayor Shammas Malik released a statement on Thursday afternoon.
“My administration has previously committed to reviewing police practices and creating a new centralized crowd control policy,” Malik said. “This move is part of a larger commitment to strengthen our procedures to build trust with our community. My administration and the Akron Police Department remain committed to these efforts, and we aim to model Akron’s new policy off of the International Association of Chiefs of Police’s (IACP) crowd control policy which is widely regarded as best practice nationwide.”
