HomeMy WebLinkAboutCOM 0342.001 2018-2020 CtI , 0 CJ
cco,r t it
tr VI AeW
no JUL -8 pm a-
Thank you for this opportunity to submit comments and questions to our Hawai'i County
Council on the subject of the state's approval for TIO/TMT corporation to build an 18
story behemoth telescope on our most sacred mountain and water aquifer source. I
have many concerns relating to the future impact on our people. We have spent many
years discussing the negative impact on our physical 'aina. I want to talk about the
impact on our another type of 'aina, our people.
'Aina means "that which nourishes." Land, water, air...all of these can be considered
'aina. People can also be considered `aina, particularly in the sacred sense that humans
procreate and nourish new life. I could get very explicit and break it down, for those of
you who speak Hawaiian, you understand. However, I want to focus on the importance
of feeding and nourishing identity and relationships. This type of `aina is the landscape
of the Hawaiian soul, of which Mayor Kim has so eloquently described and given
approval for TIO/TMT and the state to trample. This has created such a deep divide in
my community and in my own identity. Why is my Hawaiian soul, my `aina, so easily
given away by others, to be trampled? This is the first of my question to you, members
of the County Council as well as to those here in attendance.
I am a Counselor. I have worked in this field since 2010, first as an undergraduate
intern, then a graduate intern. I then worked for Catholic Charities as the transition
facilitator. I worked with many foster youth, helping them learn new skills to transition
out of the foster care system. I now work as a School Counselor, teaching and
mediating and helping families and students. I also am a farmer and active in several
groups that are trying to envision a more sustainable future for Hawaii. I dance hula. I
am a beginning carver. I do hundreds of hours of volunteer work for my community. I am
also a Kia'i Mauna, a protector of Mauna a Wakea.
There are some in our community that have tried to paint a picture that Kia'i Mauna are
ignorant, jobless, houseless, and sponging off the system. This is a stereotype that is
often used to describe the angry Hawaiian; a stereotype that perpetuates a system of
racism and hegemony that is often found in colonized and oppressed communities.
I am here to demonstrate to you that I am not a stereotype. In October, I will earn my
fourth college degree. I am gainfully employed and pay taxes. I own a home and farm. I
do not sponge off the system. I am Hawaiian Kanaka Maoli, Hawaiian is a nationality.
Kanaka Maoli is ethnicity. I am also American, as I was born in Idaho to my mother, who
is an American. What will naysayers think of such a person as I?
Kia'i Mauna are of all walks of life. I am assuredly not an anomaly in my community. We
care deeply about our home, so much so, that we are willing to put our lives on the line
to protect it. Are you willing to do so?
Comm. No �� L
Ref. To: G
Ref. ®ate MUL-00 x.2019
Today, Councilman Kaneali`i has asked to hear from the public about the concerns of
potential conflict on the mauna. Perhaps there are concerns about which agency is
responsible to pay for the cost of law enforcement.
I have concerns about this issue as well, but not so much from a fiduciary standpoint,
although my tax dollars will be used as well. My main concerns revolve around the
Hawaiian soul: `Aina. To understand how this is related to law enforcement, I will have
to scaffold your learning.
According to the Hawaii Law Enforcement Code of Ethics, Law enforcement officers'
duty is to serve mankind, safeguard lives and property, protect the innocent against
deception, protect the weak against oppression or intimidation, and the peaceful against
violence or disorder, and to respect the Constitutional rights of all men to liberty,
equality, and justice. Law enforcement officers take an oath to never employ
unnecessary force or violence. Their badge is a symbol of Public faith and Public trust.
assert that Kia'i Mauna are a part of mankind, wouldn't you agree? In matters that are
frequently about the development of Hawaiian places of high importance, Kia'i Mauna
are the weaker party, in terms of power and influence. They are being oppressed and
intimidated by state power and influence and often ridiculed, mocked and demonized by
members of the public, media, and government, for their commitment to the very values
that the state supposedly promises to uphold; namely, Ua mau ke ea o ka 'aina i ka
pono, the state motto, and E malama pono is Hawai'i, DOCARE's motto. Both mottos
declare a commitment to protect the land and people of Hawai'i through righteousness.
It is ironic and sad that our leaders can cherry pick which `aina to protect.
Kia'i Mauna are peaceful. Historically, in the mauna struggle, they have never acted in
violence against the state nor against proponents of TMT; though Kia'i Mauna have
been maligned and accused of such. Was there ever a public apology for the bullet hole
in the door fiasco, which was found to be false? Hawaii News Now reported Jan 11,
2018 that Doug Chin was asking the legislature for $2.5 million to deal with "violent
events like disruptive protests and rallies." There was no violence on the mauna in
2015. 1 was there and can attest that the only violence that occurred was perpetrated by
the state and county of Hawaii. Kia'i Mauna had no weapons. Kia`i Mauna armed
themselves in prayer, la'i, and protocol. This cannot be said for police and DOCARE.
In ceremony and protocol, Kia'i Mauna have declared their genealogical ties to the
mauna and to many sacred sites throughout the islands. These ties that bind us are a
kuleana. Kaho'okahi Kanuha was found NOT GUILTY after he asserted his lineal
kuleana to protect the mauna from desecration in a court of law. Kia'i Mauna are
preschool teachers, teachers, counselors, state workers, nurses, professionals,
professors, scientists, navigators, musicians, actors, and more. Kia'i Mauna are
builders of a more ethical, sustainable future.
Kia'i Mauna deserve protection against violence and disorder that is being perpetrated
by the state and county. Why is the state purchasing weapons and training officers in
} a
the use of lethal force against peaceful Kia'i Mauna? What happened to the officer that
harmed a Kia'i Mauna on Haleakala? Or the officer that ran over a Kia'i Mauna on
Mauna Kea?
Hawaii County just received 10 new fleet vehicles at the cost of$615k. The 4WD
vehicles are wired for the department's police radios and in-car computers and are fully
equipped with lights, sirens and speakers...does this mean that the LRAD is not needed
for "public announcements?" If the police have the means for public communication,
why is there a need by DOCARE for an LRAD?Attorney for KAHEA, Lance Collins,
reported that the DLNR agency says the LRAD is to "help them reach the public during
emergencies because it was difficult to do so in remote locations on the Big Island last
year." LRAD devices are manufactured as weapons for the military. Is the state
declaring war against civilian Kia'i Mauna?Attorney Lance Collins stated that use of an
LRAD against Kia'i Mauna is summative punishment sans trial.
The US Court of Appeals for the 2nd circuit court rejected appeals of two NY police
officers who sought qualified immunity in a federal lawsuit that accused them of using
unconstitutionally excessive force when they used an LRAD at a Black Lives Matter
protest in 2014. US District Judge Robert Sweet proclaimed LRADs as "potentially
harmful and deadly tools." What constitutes safe and appropriate use of an LRAD on
peaceful Kia'i Mauna?
This machine can produce over 150 decibels of sound waves to a distance of one
meter, causing nerve damage, tinnitus, nausea, pain, vertigo, and permanent hearing
loss. Chief Judge Robert Katzmann found that purposefully using an LRAD in a way
that can cause serious injury in order to move non-violent protesters violates their
Fourteenth Amendment rights as well as due process. The court ruled that novel
technology does not entitle officers to qualified immunity. Expect to have many, many
lawsuits against officers using the LRAD device.
Kia'i have constitutional rights to liberty, equality, and justice. According to the Hawaii
state constitution, Article 12, Section 7, Kia'i Mauna who are Kanaka maoli have
customary and traditional rights for subsistence, cultural and religious purposes, to
which the state "reaffirms and shall protect." The state maintains that they have a right
to regulate these traditional and customary rights. Does regulate mean use of lethal
force?
Where is the clarity from the state and county on how this regulation occurs? Is it via
DLNR/DOCARE?
The DLNR mission statement:
"Enhance, protect, conserve and manage Hawaii's unique and limited natural, cultural
and historic resources held in public trust for current and future generations of the
people of Hawaii nei, and its visitors, in partnership with others from the public and
private sectors."
Is Mauna Kea a unique and limited, natural, cultural and historic resource? Why is the
DLNR not enhancing, protecting, conserving and managing it? Instead, DLNR is
allowing desecration. DOCARE (the Division of Conservation and Resources
Enforcement) is responsible for enforcement activities of the DLNR. The division, with
full police powers, enforces all State laws and rules involving State lands, State Parks,
historic sites, forest reserves, aquatic life and wildlife areas, coastal zones,
Conservation districts, State shores, as well as county ordinances involving county
parks. The division also enforces laws relating to firearms, ammunition, and dangerous
weapons. DOCARE's mission is to "effectively uphold(s) the laws that serve to protect,
conserve and manage Hawai`i's unique and limited natural, cultural and historic
resources held in public trust for current and future generations of visitors and the
people of Hawai'i nei." Desecration is not the same as protect, conserve and manage.
2011 Hawaii Code DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS TITLE 37.
HAWAII PENAL CODE 711. Offenses Against Public Order §711-1107 Desecration.
Universal Citation: HI Rev Stat § 711-1107 (2011 through Reg Sess) §711-1107
Desecration. (1) A person commits the offense of desecration if the person intentionally
desecrates:
(a) Any public monument or structure; or
(b) A place of worship or burial; or
(c) In a public place the national flag or any other object of veneration by a substantial
segment of the public.
(2) "Desecrate" means defacing, damaging, polluting, or otherwise physically
mistreating in a way that the defendant knows will outrage the sensibilities of persons
likely to observe or discover the defendant's action.
(3) Any person convicted of committing the offense of desecration shall be sentenced to
a term of imprisonment of not more than one year, a fine of not more than $10,000, or
both. [L 1972, c 9, pt of §1 ; gen ch 1993; am L 2002, c 198, §1]
Ask yourself, does DLNR/DOCARE prevent desecration on Mauna Kea? What effect
does desecration have on the people who revere Mauna Kea and worship there? Does
the petition with 70k signatures to stop TMT represent a substantial segment of the
public? What effect does continual desecration have on the Hawaiian soul?
I also care about those DOCARE and law enforcement officers who, in the ranks, have
a desire to fulfill their guiding principles. If we are not an ethical people, especially
among the law enforcement profession, how can we consider ourselves civilized at all?
DOCARE's GUIDING PRINCIPLES, from the website, states:
We are committed to excellence through:
Kuleana:
We dedicate ourselves to the enhancement, perpetuation and protection of Hawaii's
natural, cultural and historic resources by recognizing our kuleana to serve Hawai'i, the
general public and our local communities with a profound sense of responsibility and in
the spirit of Aloha.
Integrity and Professionalism:
We adhere to the highest ethical and moral standards in serving Hawaii and
maintaining the public trust in the performance of our duties.
Health and Safety:
We acknowledge that our citizens have a right to utilize the resources that define
Hawai`i's uniqueness in an atmosphere that promotes safety. Therefore, we will
endeavor to enforce laws established to provide for public health and safety.
Service:
We recognize that sustaining our quality of life is connected to the integrity of
Hawaii natural and cultural responsibility of all citizens, government agencies and
private organizations.
We commit ourselves to unite our communities, public agencies and private
organizations to assist DOCARE in attaining its mission through education, outreach
and the establishment of meaningful partnerships that promote the principles of
malama `aina through increased awareness and collaboration.
E Malama Pono la Hawaii
What happens when DOCARE and Police Officers want to be conscientious objectors
and wish to reject the assignment to use unnecessary force against Kia`i Mauna? What
happens when DOCARE and Police disagree with TMT for religious, national, or cultural
reasons and want to reject the assignment to go to Mauna Kea? What if DOCARE
officers feel that assignment to Mauna Kea would cause them to not meet their guiding
principles?
Under federal and state civil rights laws, employers are prohibited from making any
employment decision on the basis of an individual's membership in a protected class.
The protected classes include sex, pregnancy, lactation, race, ancestry, color, national
origin, religion, disability, genetic information, age, marital status, familial status, military
service, veteran's status, sexual orientation, gender identity, gender expression, victim
of domestic or sexual violence status, arrest and court record, or any other classification
protected by state or federal law.
So if a DOCARE or Police officer wanted to reject an assignment based on religious,
race, or national origin issues, the employer would be prohibited from making any
employment decision that would negatively impact the officer?And the employer would
be prohibited from harassing or discriminating against an officer due to protected class
status?
Hawaii County Anti-Discrimination and Harassment Policy states that "All officers and
employees are subject to and shall comply with the Policy. The Policy also applies to
County vendors and suppliers and their agents, as well as non-employees who use
County programs and services, and other persons who interact with County employees
in the performance of their job duties.The Policy also applies when conduct it prohibits
occurs outside of the workplace or work hours and negatively impacts the workplace.
Policy Statement. The County of Hawaii ("County") is an Equal Opportunity Provider
and Employer. The County is committed to a policy of non-discrimination. The County
affirms the right of all employees to work in an environment that is free of harassment,
intimidation, and bias. The County also affirms the right of all other persons to be free
from harassment and discrimination when receiving services from the County,
participating in County programs, and using County facilities. The County prohibits
discrimination and harassment of any employee, job applicant, or non-employee by any
manager, supervisor, employee, customer, vendor, supplier, or agent on the basis of
sex, pregnancy, lactation (breastfeeding), race, ancestry, color, national origin,
religion, disability, genetic information, age, marital status, familial status, military
service, veteran's status, sexual orientation, gender identity, gender expression, victim
of domestic or sexual violence status (including those who have a minor child who is a
victim of domestic or sexual violence), arrest and court record', or any other
classification protected by state or federal law. Retaliation against anyone who files a
complaint under the Policy, participates in an investigation under the Policy, or engages
in a protected activity under federal or state civil rights laws (i.e., requests a reasonable
accommodation or a reasonable modification), is prohibited. Retaliation occurs when a
person who engages in a protected activity is subject to an adverse action and there is
a causal link between the protected activity and the adverse action. Employees who
violate the Policy will face immediate and appropriate disciplinary action, up to and
including discharge. If applicable, any disciplinary action shall be based on just and
proper cause, and the collective bargaining agreement of the offending employee.
When non-employees are found to have engaged in harassment of employees or others
using County services or programs, the County shall take appropriate action to stop the
harassment.The Department of Human Resources is responsible for promulgating and
implementing procedures to enforce this policy."
'Pursuant to state law, the County may consider an individual's criminal history for
employment purposes under certain circumstances.
Other Information that is included in the Policy:
• Discrimination and Harassment
Discrimination is an act which either denies or confers privileges on the basis of a
person's membership in a "protected class." Decisions regarding employment, including
recruitment, hiring, placement, training, promotion, compensation, benefits,
transfers, layoffs, discipline, discharge, etc. must be based on valid, non-
discriminatory business reasons.
Are Hawaiians a protected class under race, ancestry, national origin, religion?? So
Hawaiian Kanaka Maoli officers can ask for reassignment without threat of retaliation,
discrimination or harassment because of their protected class status?
• Harassment
Harassment is a course of unwanted conduct, based on a protected class, which is
annoying, humiliating, or hurtful to a person or group of persons. Harassment is usually
behavior that is repeated over time; however, some acts are so severe in nature that
they only need to occur once or twice to constitute harassment.
Other Forms of Harassment
In addition to sexual harassment, the Policy also prohibits harassment of any employee,
or non-employee on the basis of pregnancy, lactation breastfeeding), race, ancestry,
color, national origin, disability, genetic information age, marital status, familial status,
military service, veteran's status, sexual orientation, gender identity, gender expression,
domestic or sexual violence status (including those who have a minor child who is a
victim of domestic or sexual violence), arrest and court record, and any other
classification protected by state or federal civil rights law.
The County prohibits comments or conduct, which denigrate, mock, or otherwise insult
a person or group of persons on any of the protected classes contained herein. This
includes jokes, slurs, graphic images or other offensive commentary in written,
verbal, or electronic formats. In addition, the Policy prohibits conduct which
directly or indirectly alters the terms and conditions of employment or provision
of County services based upon a person's participation in conduct related to a
protected category. Examples of this include, but are not limited to, a supervisor
pressuring a gay employee to attend a religious service or socialize with members of
the opposite sex, an employee refusing to speak to a co-worker with a different (or no)
religious affiliation, or employees making fun of a non-employee with an intellectual
disability.
So if an officer is a Kia'i Mauna, the county is prohibited from directly or indirectly
altering their terms and conditions of employment?
Also, I found that if there is a county employee that has harassed non-employees, there
is a Discrimination/Harassment Complaint Form (DHRF Form EO001). Any non-
employee who has been the recipient of conduct that violates the Policy by an
employee, agent or non-employee may file a complaint with the department head of the
offending employee's or the program activity's department. The complaint shall be filed
using DHR FormEO001. Depending upon the subject matter, complaints alleging
violation of state or federal law may be filed with the Hawai'i Civil Rights Commission
HCRC), the U.S. Equal Employment Opportunity Commission (EEOC) or other federal
agency having jurisdiction over the subject matter. These agencies may be contacted
directly for information about their complaint filing procedures. The County's Equal
Opportunity Officer in the Department of Human Resources is responsible for
administration of the Policy.
So if a Kia'i Mauna experiences discrimination and harassment by a county or state
employee, Kia'i Mauna can file their complaints to the Equal Opportunity Office. It
certainly feels like Kia'i Mauna are experiencing discrimination and harassment by
leaders who have given permission to trample Hawaiian souls. As a Counselor, I have
worked with many Hawaiian children, families, and adults. It does not take a college
degree to know that the illegal overthrow of the Hawaiian Kingdom and its effects on the
Hawaiian Kanaka Maoli people have led to 126 years of transgenerational trauma. How
much more can the Hawaiian soul survive? What will you do to prevent the demise of
our `aina?
Mahalo for reading or listening to my testimony,
Kau`i Trainer
Hilo
Piercing sound can be excessive police force,federal court rules 7/8/19,7:40 AM
Co.Design
• Tech
• Work Life
• Creativity
• Impact
• Audio
• Video
• News
• Recommender
• Subscribe
C M P A S S Sign up for our daily Enter your email address X
email.
06.14.18 THE FUTURE OF POLICING;
Piercing sound can be excessive police force, federal
court rules
Black Lives Matter protesters suffered hearing damage after the NYPD used a long-range
acoustic device, or what critics call a "sound cannon."
https://www.fastcompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 1 of 13
Piercing sound can be excessive police force,federal court rules 7/8/19,7:40 AM
_y
m x
" x n
N
i
1
y
[Photo: NurPhoto/NurPhoto via Getty Images]
BY ALEX PASTERNACK
8 MINUTE READ
A powerful speaker that's capable of causing hearing damage and is used by a growing number of
police around the world isn't merely a "communication device" but, potentially, an instrument of
excessive force, a federal court ruled on Wednesday.
The U.S. Court of Appeals for the 2nd Circuit rejected the appeals of two New York Police
Department officers who had sought qualified immunity in a federal lawsuit that accuses them of
using unconstitutionally excessive force when they deployed a Long Range Acoustic Device made
by the LRAD Corporation at a Black Lives Matter protest in 2014.
"The NYPD should overhaul its policies and practices regarding LRAD uses to reflect the reality that
LRAD's are potentially deadly tools, requiring meaningful training and supervision to use safely,"
Gideon Oliver, who represents the plaintiffs, said in a statement. The New York City law department
did not immediately respond to a request for comment.
https://www.fastcompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 2 of 13
Piercing sound can be excessive police force,federal court rules 7/8/19, 7:40 AM
The decision affirms a finding last year by U.S. District Judge Robert Sweet of the Southern District
of New York, who ruled that LRADs are akin to so-called "distraction devices," like flash-bang and
concussion grenades," which are potentially harmful. Lawyers for the plaintiffs called Wednesday's
decision "precedential."
The concerns over LRADs echo those surrounding a range of military-grade gear that is increasingly
being used by police across the country, both Pentagon hand-me-downs like armored trucks as well
as high-tech surveillance devices like Stingrays. While some local efforts are afoot to bring more
transparency and public oversight to new police technologies, what constitutes safe and appropriate
use is rarely clear.
ADVERTISING
inRead invented by Teads
The six plaintiffs in the New York case were at a Black Lives Matter protest following a Grand Jury's
decision not to indict an NYPD officer in the death of Eric Garner, who died after being placed in a
chokehold. During the protest, at about 1 a.m. on December 5, 2014, the officers used the device's
"area denial" tone to force the plaintiffs away from an arrest scene, propelling a series of sharp,
piercing beeps at people who in some cases were less than 10 feet away.
The tone is intended to generate a piercing noise that can produce a maximum continuous output of
136 decibels at a distance of one meter, and reach over 150 decibels on some models. The San
Diego-based LRAD Corporation has said that this tone offers users "near instantaneous escalation
across the force protection spectrum" to "shape the behavior of potential threats."
https://www.fastcompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 3 of 13
Piercing sound can be excessive police force,federal court rules 7/8/19,7:40 AM
#T.
� 4 T44
#S
i
It i
i
r -
https://www.fastcompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 4 of 13
Piercing sound can be excessive police force,federal court rules 7/8/19,7:40 AM
[Photo: courtesy of LRAD]
In the days following the protest, some of the protesters said their ears were still ringing or in pain,
while others complained of migraines and vertigo. After one protester sought medical attention for
his symptoms, his doctor said the extreme force of the sound gun had pushed a bone in his ear
inward, causing nerve damage.
"In person, at first I thought it was just a high pitched really loud car alarm," Anika Edrei,
a photojournalist and the lead plaintiff in the case, told me at the time. Edrei said that while she was
documenting the protest she found herself just 10 meters away from the device when the NYPD
switched on the alarm. "It was really loud—I could hear it through my fingers."
Afterward, "for the first week, I had a migraine, and just a lot of facial pressure," she said. "Since the
LRAD incident, I've been pretty freaked out about going back. I'm worried about what damage it
caused and it could cause if I went out there again."
When she and other protesters filed suit, a year and a half after the protest, some said they still
suffered from occasional tinnitus, and at least one said he still had a persistent ringing in his ears.
Writing for the court, Chief Judge Robert Katzmann found that, based on facts and video evidence,
purposely using an LRAD in a way that can cause serious injury in order to move non-violent
protesters violates their Fourteenth Amendment rights.
"[T]his Court's longstanding test for excessive force claims teaches that force must be necessary
and proportionate to the circumstances ... [T]he problem posed by protesters in the street did not
justify the use of force, much less force capable of causing serious injury, such as hearing loss."
NYPD using LRAD on protesters
https://www.fasteompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 5 of 13
Piercing sound can be excessive police force,federal court rules 7/8/19,-7:40 AM
mm
The court rejected the officers' arguments that the Fourteenth Amendment's prohibition against
excessive force "did not apply to LRADs" in 2014, since, the defendants argued, "LRADs `function
solely by sound," which is not an "instrument of force."
On the contrary, the court pointed out that "novel technology, without more, does not entitle an
officer to qualified immunity," and cited an earlier decision about the police use of stun grenades.
The court held that
"defendants go astray by focusing on the mode of delivery rather than the
physical effect.Under this Court's precedent, a device that has `incapacitating
and painful effects'when used on a person is considered an instrument of force
... Even though sound waves are a novel method for deploying force,the effect of
an LRAD's area denial function is familiar: pain and incapacitation ...In fact,this
is what the LRAD was designed for.As explained in the NYPD's own report,the
purpose of the area denial function is to 'cause pain/hearing damage'that repels
those in its path ...Using common sense, any reasonable officer with knowledge
of the LRAD's operations would understand that the area denial function
represents a `significant degree of force."'
The court also rejected the officers' arguments that they should enjoy qualified immunity since there
was no legal precedent informing them that "using force in a crowd control context" or against "non-
violent protesters" would, or even could, violate due process.
"[Tlhat is like saying police officers who run over people crossing the street illegally can claim
immunity simply because we have never addressed a Fourteenth Amendment claim involving
jaywalkers," Katzmann wrote. In any case, he wrote, other courts had "routinely applied excessive
force principles to crowd control situations," and concluded that they "gave the defendants fair
warning that the prohibition on excessive force applies to protesters."
https://www.fastcompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 6 of 13
Piercing sound can be excessive police force, federal court rules 7/8/19,7:40 AM
DECIBEL FORCE
The LRAD at the center of the lawsuit, the 100X, costs between $20,000 to $30,000, but LRAD sells
a range of devices that let users generate alarms and "voice messages that are clearly heard and
understood from close range to over 5,500 meters." The NYPD says it has used LRADs sporadically
since it first acquired them in 2004 for use during the Republican National Convention, and mostly as
loudspeakers.
But the devices also have an "area denial" tone that is intended to propel piercing noise that can
reach 150 decibels on some later models. Imagine pressing your head against the hood of a car
while its alarm is going off.
f.1 Ut thy. qui test. ,ar.,n you can hear.
X1-3 whisper,quiet thbra '.
ii I i'i C=1L #If4at,{ r't'3, "Itotp tt 4,,i truck dhl{ 4* k5Y;1urf pt'1'ttK.Ir' fw C1Ct` fftrzla #311.Lf17
cxiki1'l.$I"I. 3 iSCr:A Cts t'}i:l':s ti Fly#ib�'sft.'.a-
t L'tI 11tL d „ iSCtt.",1IItaiiti-,drdil, IIIy Inu"Lo"1c L lhohl: ��L 4Llay k the u1;3mult1L1I
c°!{i,tt�,11t�=tr�itll4�#!t p � tta �itrr„
11F",til sandbliLsting,toud ri-fl-'kconcert, ritito liorn; 1F,111tnutes-wr day t°i the
�axifuum L"xpusure witbUt>t plr4ite tion-
t _ _
Ial4,)4111 gun tI1uzyle blast,J+*'.t engine; 1uW?se carises pai t e7.G d von brief(txpi9+ure fa7Jtl:ri`�
unpriAette 4Fa � mzc%irItI. m edlcpwed 111wk1 e with hearing prljte�AorR
Sounds and their decibel levels. [Chart: the American Hearing Research Organization]
Permanent hearing loss begins with a sound that's louder than 106 decibels—for example, the
sound of an approaching subway car or a nearby chainsaw—for 30 seconds to five minutes.
Humans won't start to feel immediate pain until 120 decibels, about the loudness of a shotgun blast.
At 160 dB—a little less loud than a rocket launch—eardrums burst.
From the standpoint of an LRAD user, the device's loud deterrent alert poses a potential problem,
according to a report conducted for the Space and Naval Warfare Systems Center: The people you
are trying to deter could suffer instant hearing loss, making the device ineffective. "[I]t can be
expected that the weapon will cease to work if the victim quickly becomes permanently deaf from
exposure to high-intensity sound."
https://www.fastcompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 7 of 13
Piercing sound can be excessive police force,federal court rules 7/8/19;7:40,AM
The company has maintained that covering your ears with your hands is sufficient protection from
the LRAD's tones and that "broadcast levels are purposely kept below the threshold that could
cause permanent hearing damage from instantaneous exposure." The LRAD Corporation's website
says that "[c]ontrary to erroneous reports, LRAD is incapable of generating very low frequencies and
does not cause nausea or disorientation."
However, an earlier version of the website noted that "LRAD broadcasts have been optimized to the
1 - 5 kHz range where human hearing is most sensitive." That language now says that the
broadcasts are "safely optimized to the primary human hearing range of 1 - 5 kHz."
oil I I
}
, .,;, �� . t :
MAX
MAX
POW it r:r
clr f_3F A 'l ti'm r's, we'
h,+,a t:tr� �r: .w .,,t,r .,'. c4i'.rt <n.- '. ,.,ri� +r�,F. ,�!;.+r„+":,S�E.j ��'� •t^+i tei�
www.LRAOX.com
LRAD sales materials sent to a U.S. police dept. [Image: MuckRock]
The company, which boasted second quarter revenues of $7.9 million, has sold the devices to the
U.S. Army and Navy and to unnamed customers in the Middle East and Asia. It was used by police
during protests in Ferguson, at the Women's March in Washington, D.C., and at the Cheyenne River
Reservation in South Dakota. Chicago, Houston, Las Vegas, and the Massachusetts State Police
have purchased LRADs.
According to a review of public records by MuckRock, however, few departments appear to have
clear use-of-force policies for the devices. The company contends that it "maintains a strict policy of
selling LRAD systems only to qualified government agencies and commercial security entities" and
that "operators are trained in the device's operation and use before deployment."
https://www.fasteompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 8 of 13
Piercing sound can be excessive police force, federal court rules 7/8/19, 7:40 AM
The lawsuit against the NYPD, Edrei v. Bratton, isn't the first to be filed regarding police use of
LRADs. After police used one during protests surrounding the G20 Summit in Pittsburgh in 2009, an
English professor named Karen Piper sued the city, claiming the LRAD gave her nausea and
headaches and made fluid leak out of her ear. Pittsburgh ultimately settled for $72,000 and agreed to
develop a policy for the safe use of the device.
In addition to monetary damages related to their injuries, the plaintiffs in the NYPD case are seeking
an injunction that would prevent the department from further deploying and using LRADs without
first designing and implementing research, use of force guidelines, and training for the equipment.
The lawsuit will now proceed to the discovery phase before Hon. Sweet and then, potentially, to trial.
ABOUT THE AUTHOR
Alex is a contributing editor at Fast Company, the founding editor and editor at large of Motherboard at Vice, and a
freelance writer and producer with a focus on the intersections of science, technology, media, politics, and culture.
More
You Might Also Like:
This House Costs Just $20,000—But It's Nicer Than Yours
Celtics star jaylen Brown wants to fix American schools
SPONSORED CONTENT
FROM OUR PARTNERS
. ................
s
4 E
f i
r
s
" r
` r
e
ix
https://www.fastcompany.com/40585221/piercing-sound-can-be-excessive-police-force-federal-court-rules Page 9 of 13