In her Jan. 21 ruling, Judge Beverly W. Snukals found that the ACLU failed “to state a claim as a matter of law” and dismissed the suit.

In the suit filed June 26, the ACLU claimed that the peaceful protest that took over the 900 block of East Marshall Street in front of City Hall on June 22 during a City Council meeting was protected under the U.S. Constitution’s First Amendment right to free speech, assembly and to petition the government.

The suit was filed on behalf of activists with the Virginia Student Power Network and three individuals who were leading and participating in the protest in which the demonstrators put up a barricade blocking traffic as part of their takeover of the street. They dubbed the area “Reclamation Square” and played music and led instructions about police brutality and inequality.

Several hours into the “teach-in,” around 12:40 a.m. on June 23, police declared the protesters were engaged in unlawful assembly and, around 1:25 a.m., began firing tear gas, pepper spray and rubber bullets to disperse the protesters who refused to move. Twelve people were arrested.

In late June, Judge Snukals rejected the ACLU’s request for a temporary restraining order to halt such police actions as a violation of protesters’ First Amendment rights.

In a written opinion issued on June 30, Judge Snukals stated that such a restraining order would represent “an unwarranted intrusion into and interference with the ability of law enforcement to do its job during an unprecedented period of civil unrest.”

“We are incredibly disappointed to hear that we won’t see our day in court to hold the police accountable for their violence last summer,” said Kalia Harris, co-executive director of the Virginia Student Power Network, in a statement released by the ACLU on the dismissal.

“The demand to end police violence should never result in more police violence, like has happened here in Richmond,” she continued. “Black and brown youths in our city have been repeatedly brutalized and arrested for exercising their First Amendment rights.

“Our work to illuminate the need for real policy change when it comes to public safety in Virginia does not stop here. We will not be silent,” she stated.

While the ACLU has not mentioned any plans to appeal, it has drawn attention to House Bill 2045 filed by Delegate Jeff M. Bourne of Richmond and under consideration in the General Assembly. The bill would eliminate “qualified immunity” that shields police officers and their departments from being held accountable for misconduct.

“People who are harmed by police deserve their day in court, and tragically, our clients were denied the chance to hold police accountable,” said Eden Heilman, legal director for the ACLU of Virginia. “We hope the legislature will change Virginia law to make it easier for people to sue police for unconstitutional actions like what they did to these individuals.”

During the summer, several organizations, including Clergy Action RVA and the Richmond Branch NAACP, joined the ACLU in condemning police actions to disrupt and disperse peaceful demonstrators.