District of Columbia Code
Subchapter I - First Amendment Assemblies
§ 5–331.16. Use of riot gear and riot tactics at First Amendment assemblies

*NOTE: This section includes amendments by temporary legistation that will expire on March 25, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a)(1) No officers in riot gear may be deployed in response to a First Amendment assembly unless there is an immediate risk to officers of significant bodily injury. Any deployment of officers in riot gear:
(A) Shall be consistent with the District's policy on First Amendment assemblies; and
(B) May not be used as a tactic to disperse a First Amendment assembly.
(2) Following any deployment of officers in riot gear in response to a First Amendment assembly, the commander at the scene shall make a written report to the Chief of Police within 48 hours, and that report shall be available to the public.
(b)(1) Chemical irritants shall not be used by MPD to disperse a First Amendment assembly.
(2) The Mayor shall request that any federal law enforcement agency operating in the District refrain from the use of chemical irritants to disperse a First Amendment assembly.
(c)(1) Less-lethal projectiles shall not be used by MPD to disperse a First Amendment assembly.
(2) The Mayor shall request that any federal law enforcement agency operating in the District refrain from the use of less-lethal projectiles to disperse a First Amendment assembly.
(Apr. 13, 2005, D.C. Law 15-352, § 116, 52 DCR 2296; Aug. 12, 2022, D.C. Law 24-149, § 121(b), 69 DCR 007767.)
For temporary (90 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-454, June 28, 2022, 69 DCR 007767).
For temporary (90 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2022 (D.C. Act 24-370, Apr. 7, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-128, July 29, 2021, 68 DCR 007656).
For temporary (90 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-76, May 3, 2021, 68 DCR 004935).
For temporary (90 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).
For temporary (90 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020 (D.C. Act 23-336, July 22, 2020, 67 DCR 9148).
For temporary (225 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2022 (D.C. Law 24-149, Aug. 12, 2022, 69 DCR 007767).
For temporary (225 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2021 (D.C. Law 24-23, Sept. 3, 2021, 68 DCR 005837).
For temporary (225 days) amendment of this section, see § 121(b) of Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020 (D.C. Law 23-151, Dec. 3, 2020, 67 DCR 9920).

Structure District of Columbia Code

District of Columbia Code

Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences

Chapter 3A - First Amendment Rights and Police Standards

Subchapter I - First Amendment Assemblies

§ 5–331.01. Short title

§ 5–331.02. Definitions

§ 5–331.03. Policy on First Amendment assemblies

§ 5–331.04. Reasonable time, place, and manner restrictions on First Amendment assemblies

§ 5–331.05. Notice and plan approval process for First Amendment assemblies — Generally

§ 5–331.06. Notice and plan approval process for First Amendment assemblies — Processing applications — Appeals — Rules

§ 5–331.07. Police handling and response to First Amendment assemblies

§ 5–331.08. Use of police lines

§ 5–331.09. Identification of MPD personnel policing First Amendment assemblies

§ 5–331.10. Documentation of arrests in connection with a First Amendment assembly

§ 5–331.11. Use of handcuffs, plastic cuffs, or other physical restraints on persons arrested in connection with a First Amendment assembly

§ 5–331.12. Prompt release of persons arrested in connection with a First Amendment assembly

§ 5–331.13. Notice to persons arrested in connection with a First Amendment assembly of their release options

§ 5–331.14. Police-media relations

§ 5–331.15. Training for handling of, and response to, First Amendment assemblies

§ 5–331.16. Use of riot gear and riot tactics at First Amendment assemblies

§ 5–331.17. Construction