Meeting Overview

The Berkeley City Council held a special meeting on September 29, 2026, with one item of old business: whether to restore limited Berkeley Police Department use of tear gas for critical, life-threatening incidents and to lift a COVID-era moratorium on smoke and OC spray (pepper spray). The Council also considered a related item from the Peace and Justice Commission on the social justice implications of these tools.

Most public speakers opposed the proposal. Speakers raised concerns about health risks, effects on older adults and people with disabilities or respiratory illness, possible use against protesters, and a lack of police accountability. Several speakers said the police had previously described only a few situations where tear gas might have been useful and argued those incidents were resolved without it.

During Council discussion, supporters of the proposal said it was narrowly limited and not for crowd control. They described it as a “less lethal” option for a police special response team in rare emergencies such as hostage situations, armed barricaded subjects, or similar life-threatening incidents. Opponents on the Council said the proposal had not earned public trust, that the need had not been sufficiently shown, and that approving it could create fear and reduce confidence in the city’s commitment to protest rights.

Council Member Kesarwani said the proposal had been revised with language negotiated between the Police Accountability Board and the Police Department and moved a version of the resolution incorporating amendments from Council Member Blackaby, including added reporting requirements after any use.

Main Agenda Items

• Resolution on tear gas, smoke, and OC spray:
  The main proposal would have reinstated police authority to use tear gas only in very limited critical incidents and ended the temporary moratorium on smoke and OC spray. Supporters on the Council emphasized that the proposal explicitly barred tear gas for crowd control or First Amendment assemblies.

• Peace and Justice Commission item:
  The related commission item focused on the broader social justice impacts of controlled weapons and other policing tools. Public commenters frequently referenced Berkeley’s precautionary principle, arguing the city should not approve these tools without proof they are safe.

• Public concerns:
  Speakers cited possible long-term health effects, risks to bystanders, and the history of tear gas being used at protests. Some also questioned the costs of purchasing and maintaining the equipment during a budget shortfall.

• Council debate:
  Council Member Bartlett said he could not support the proposal because of strong opposition from constituents and because the tool had reportedly been used only once in 40 years. Council Member Lunaparra said the city needed more time, more public understanding, and more work with the Police Accountability Board before taking action. Council Member Humbert spoke in favor, saying Berkeley should judge its own police department’s policies and conduct rather than other agencies’ abuses elsewhere.

Decisions Made

• Tear gas / smoke / OC spray proposal: No final action was recorded in the meeting segment provided. The Council debated the item and a motion was made, but no vote result was stated.

• Peace and Justice Commission item: No separate final action was recorded in the meeting segment provided.

No final actions were taken at this meeting.