Yes, the question is: Is pepper spraying excessive in this situation? And my answer is "Absolutely Not". I've been pepper-sprayed, and I'm a 115 lb. delicate little thang. It is not the end of the world. I would rather be pepper-sprayed than hit by a baton or shot with a rubber bullet. It's simply a preference. Would you rather spend the night in jail, or be pepper-sprayed? I'd have to think about it, but I don't consider either the end of the god damn world.
So who are you to decide which choice I would take, and whether it would be excessive or not? At the end of the day, as I said, the students who willingly sat there apparently believed it was not too excessive to try to get out the situation. I would've run. End of story.
Of course not. I might oppose your viewpoint, but I'm not stupid. Is pepper spray acceptable to use solely under violent situations? Are you suggesting that pepper spray is a violent form of gaining compliance?
From a similar tree-hugging case 10 years ago in california the 9th circuit ruled:
(1) the California Department of Justice had only approved the use of pepper spray on "hostile or violent" subjects; (2) the California Highway Patrol's use of force policy specifically prohibits the use of pepper spray as it was used here; and (3) pepper spray had never before been used in this manner in Humboldt County, the State of California, or anywhere in the nation. They also conceded that Humboldt County's only written policy statement on the proper use of pepper spray described it as a "defensive weapon, " only to be used in "attempting to subdue an attacker or a violently resisting suspect, or under other circumstances which underthe law permit the lawful and necessary use of force . . . by . . . chemical agent."
Of course not. I might oppose your viewpoint, but I'm not stupid.
I have to understand your viewpoint. I am naive. Many would argue that the presence of a seated person on a sidewalk could constitute a threat. I believe that we can move past this nuance and justify the use of force, given the circumstances.