--- description: A federal judge in St. Louis ordered local police to limit their use of tear gas after Ferguson protesters complained. title: Ferguson Protesters Try to Block Use of Tear Gas image: https://static.time.com/v3/assets/bltea6093859af6183b/blt9045fe74f17b2b55/69876e6ef887dc74dce88fc4/ferguson-protest-tear-gas.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  * [U.S.](/section/us/) ## U.S. Update your preferences in [Account Settings](/account/preferences/) Close # Ferguson Protesters Try to Block Use of Tear Gas ## Video: Know Right Now: From California's Pineapple Express to Another Shutdown Drama [Watch (HLS stream): Know Right Now: From California's Pineapple Express to Another Shutdown Drama](https://cdn.jwplayer.com/manifests/yKgf4s2K.m3u8) (1:19)  _Published 2014-12-12. Watch this week's #KnowRightNow to catch up on the latest top stories_  by [Alex Altman](/author/alex-altman/)  ## Alex Altman Update your preferences in [Account Settings](/account/preferences/) Close Altman is the executive features editor and deputy Washington bureau chief at TIME. Dec 12, 2014 5:15 PM CUT  An explosive device deployed by police flies in the air as police and protesters clash after tear gas was thrown on Aug. 13, 2014, in Ferguson, Mo. An explosive device deployed by police flies in the air as police and protesters clash after tear gas was thrown on Aug. 13, 2014, in Ferguson, Mo.Jeff Roberson—AP  by [Alex Altman](/author/alex-altman/)  ## Alex Altman Update your preferences in [Account Settings](/account/preferences/) Close Altman is the executive features editor and deputy Washington bureau chief at TIME. Dec 12, 2014 5:15 PM CUT A federal judge in St. Louis ordered local police to limit their use of tear gas after Ferguson protesters filed a complaint alleging their right to peaceful assembly had been violated. Carol Jackson, a judge in the U.S. District Court of Eastern Missouri, issued a temporary restraining order Thursday after a hearing in which protesters argued they had been gassed without warning amid peaceful protests that erupted anew last month when a grand jury declined to indict officer Darren Wilson in the death of Michael Brown. The ruling requires police to respect demonstrators’ rights to lawfully assemble and provide clear warning before resorting to the use of chemical agents. It represents a modest victory for the protest movement, which previously won a courtroom victory when a different judge ruled that a policy that required protesters to walk continuously was unconstitutional. ### Ferguson Ignites With Violence After Grand Jury Decision  Law enforcement stands in full gear by tanks in Ferguson, Mo. on Nov. 24, 2014 Barrett Emke for TIME  Protesters stand amid tear gas and smoke in Ferguson, Mo. on Nov. 24, 2014. Barrett Emke for TIME  Riot policemen clash with protesters in Ferguson Mo. on Nov. 24, 2014. Alexey Furman—EPA  St. Louis County Police tactical team members open their reserve supply of tear gas to be fired as they take cover behind an armored truck on S. Florissant Avenue in Ferguson, Mo. on Nov. 24, 2014. David Carson—St Louis Post Dispatch/Polaris  Law enforcement responds to protestors in Ferguson, Mo. on Nov. 24, 2014 Barrett Emke for TIME  A woman speaks into a megaphone during protests in Ferguson, Mo. on Nov. 24, 2014 Barrett Emke for TIME  A man lies on the ground amid protests in Ferguson, Mo. on Nov. 24, 2014 Barrett Emke for TIME  Police in riot gear tangle with a woman in front of emergency vehicles in Ferguson Mo. on Nov. 24, 2014. Larry W. Smith—EPA  A demonstrator puts his hands in the air amid protests in Ferguson, Mo. on Nov. 24, 2014 Barrett Emke for TIME  A law enforcement officer pushes back protestors after they destroyed a police car in Ferguson, Mo. on Nov. 24, 2014. Michael B. Thomas—AFP/Getty Images  Demonstrators attempt to push over a police car in Ferguson, Mo. on Nov, 24, 2014. Xinhua/Sipa  Cars burn at a car dealership as demonstrators protest the Grand Jury decision not to indict police officer Darren Wilson over the shooting death of Michael Brown in Ferguson, Mo. on No.v 24, 2014. Larry W. Smith—EPA  A car burns on the street after a grand jury returned no indictment in the shooting of Michael Brown in Ferguson, Mo. on Nov. 24, 2014. Jim Young—Reuters  Protestors parade in the parking lot of a burning auto parts store in Ferguson, Mo. on Nov. 24, 2014. Tannen Maury—EPA  A demonstrator walks down the street after getting tear gas in her face and attempting to cleanse her eyes in Ferguson, Mo. on Nov. 24, 2014. Larry W. Smith—EPA  Patrick London surveys the damage at his fast food restaurant London's Wing House after it was looted during protests on Nov. 24, 2014. Barrett Emke for TIME  Michael Brown's mother, Lesley McSpadden, covers her face while standing alongside other demonstrators in Ferguson, Mo. on Nov. 24, 2014 Barrett Emke for TIME  Police stand near a burned out police car in Ferguson, Mo. on Nov. 24, 2014. Christian Gooden—St. Louis Post-Dispatch/Polaris  A man stands by a burned out car in Ferguson, Mo. on Nov. 24, 2014 Barrett Emke for TIME  A Ferguson firefighter surveys rubble at a strip mall that was set on fire when rioting erupted following the grand jury announcement in the Michael Brown case on Nov. 25, 2014 in Ferguson, Mo. Scott Olson—Getty Images  A police officer holds her gun during clashes with protesters in Ferguson, Mo. on Nov. 24, 2014. Jewel Samad—AFP/Getty Images At the same time, the impact of the temporary order is limited. It applies only to Missouri, and leaves the definition of fair warning at the discretion of police. Another hearing was scheduled for next month, according to [reports](http://www.courthousenews.com/2014/12/12/restraining-order-on-ferguson-area-police.htm "undefined"). The suit argued that local law-enforcement leaders violated the constitutional rights of demonstrators who had peacefully gathered to protest the grand jury’s decision. It focused on an incident that occurred late on the night of Nov. 24, as the region erupted in the aftermath of the announcement. According to court documents, protesters had gathered outside a St. Louis coffeehouse when officers ordered the crowd to vacate the street. “Without notice or warning,” the complaint alleges, police then began firing tear gas canisters at the crowd, some of whom ran into the coffee shop, which filled with gas. Several protesters were sickened by the fumes. The suit was filed by six plaintiffs: four protesters, the store owner and a legal observer who witnessed the episode. Chemical agents like tear gas and smoke have been used frequently to disperse crowds during the demonstrations that have rocked the region since Brown’s death in August. Police defended the practice and said there was no attempt to injure protesters.”We don’t go to tear gas right away. We said over a loudspeaker, ‘This is an unlawful assembly, please leave the area,'” Sam Dotson, the St. Louis police chief who was named as a defendant in the suit, [told the Riverfront Times](http://blogs.riverfronttimes.com/dailyrft/2014/12/st%5Flouis%5Fpolice%5Fchief%5Fdotson%5Fsays%5Fmokabes%5Ftear%5Fgassing%5Fwas%5Funintentional.php "undefined"). “This is where people lose focus a little bit. When the order to disperse is given, it applies to everyone. People always say, ‘It’s not me, so I don’t have to leave.’ The challenge for law enforcement is that we don’t know who the good guys are or who the bad guys are, because the bad guys intermingle with the good guys.” ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/3631569/ferguson-protesters-try-to-block-use-of-tear-gas/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/3631569/ferguson-protesters-try-to-block-use-of-tear-gas/"},"headline":"Ferguson Protesters Try to Block Use of Tear Gas","datePublished":"2014-12-12T17:15:59.000Z","dateModified":"2026-05-11T05:06:43.018Z","description":"A federal judge told cops not to use of gas to disperse crowds without proper warning","url":"https://time.com/3631569/ferguson-protesters-try-to-block-use-of-tear-gas/","keywords":["Crime","Courts","Ferguson topic"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt9045fe74f17b2b55/69876e6ef887dc74dce88fc4/ferguson-protest-tear-gas.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Alex Altman","jobTitle":"Altman is the executive features editor and deputy Washington bureau chief at TIME.","url":"https://time.com/author/alex-altman/"}],"articleSection":"U.S.","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt9045fe74f17b2b55/69876e6ef887dc74dce88fc4/ferguson-protest-tear-gas.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Police Shooting Missouri","caption":"Police Shooting Missouri","creditText":"Jeff Roberson—AP","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/us/","name":"U.S."}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/3631569/ferguson-protesters-try-to-block-use-of-tear-gas/","name":"Ferguson Protesters Try to Block Use of Tear Gas"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"Know Right Now: From California's Pineapple Express to Another Shutdown Drama","description":"Watch this week's #KnowRightNow to catch up on the latest top stories","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/yKgf4s2K/poster.jpg?width=720","uploadDate":"2014-12-12T16:19:07.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/yKgf4s2K.m3u8","embedUrl":"https://time.com/3631569/ferguson-protesters-try-to-block-use-of-tear-gas/","duration":"PT1M19S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/3631569/ferguson-protesters-try-to-block-use-of-tear-gas/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```