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12 Seattle J. Tech. Env't & Innovation L. 1 (2021-2022)

handle is hein.journals/sjel12 and id is 1 raw text is: Chemical Weapons and their Unforeseen Impact on
Health and the Environment
Alexandra Chen*
I.      INTRODUCTION
Following the murder of George Floyd, the United States became
embroiled in growing awareness about systemic racism in its criminal
justice system.1 Citizens across the country took over streets to protest
police brutality against people of color. They were met not with
governmental understanding and condemnation of the policies that led to
Mr. Floyd's murder, but with tear gas and pepper spray.2 Unfortunately,
this is far from the first time that U.S. law enforcement agencies have
attacked masses of people with chemical agents.3 In addition to many other
racial justice-related protests, law enforcement used tear gas on Vietnam
War protesters, the World Trade Organization protesters, and the Occupy
protesters.4 Law enforcement officers have commonly and freely used
pepper spray since the 1990s, including as a crowd control agent.5
Unregulated use of chemical weapons resulted in both
dependency and abuse by law enforcement, particularly when law
enforcement has aimed those weapons at peaceful protesters. To prevent
continuing harm from exposure to chemical weapons by people and the
environment, the federal government should enact policies under the
Spending Clause to regulate the domestic use of indiscriminate chemical
weapons by law enforcement. Local law enforcement's failure to comply
Alexandra Chen is a law student at Seattle University School of Law and was an active voice in the
racial justice protests of 2020. As a named plaintiff in the Black Lives Matter v. City of Seattle case
discussed in this article, many of the issues discussed herein are of special importance to her. She
would like to thank the tireless editors and staff of SJTEIL who have been dedicated to publishing this
article.
' Fliott McLaughlin, How George Floyd's Death Ignited a Racial Reckoning That Shows No Signs of
Slowing Down, CNN (Aug. 9, 2020),                                _
differdenthw/indextnl [https://perma.cc/LAL2-XSP6].
2 Shaila Dewan & Mike Baker, Facing Protests Over Use of Force, Police Respond With More Force,
NY   TIMES (May  31, 2020),     sess            /_/           ,a       -d
irotesshtni [https://perma.ccIL5JF-NJ27].
Anna Feigenbaum, 100 Years of Tear Gas: A Chemical Weapon Drifts Off The Battlefield And Into
The Streets, THE ATLANTIC (Aug. 16, 2014),
[https://perma.cc/USV4-CUWV].
4 Id.
5 Brandon Keim, Why Do Police Officers Use Pepper Spray?, WIRED (Nov. 22, 2011, 7:23 PM),
htiepi;// eewriv-Tsyioav/ [https://perma.cc/N5Z3-WHPZ].
1

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