Berkeley City Council Upheld Police Tear Gas Ban
The council voted 5-4 to maintain a 2020 prohibition on the use of tear gas by local law enforcement officers.
Updated on Oct. 1, 2026 in City Hall
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The Berkeley City Council voted 5-4 to keep the existing ban on police tear gas use in place. The decision followed a public debate over a proposal to authorize the agent for specific high-risk scenarios.
Why it matters
The vote highlights the ongoing tension between providing police with tactical tools for high-risk warrants and addressing community concerns regarding public safety and the history of tear gas usage.
The vote count was 5-4, maintaining the ban originally enacted in 2020. Department records indicate police used tear gas against a barricaded subject only once in the last 40 years.
The players
Berkeley City Council
This is the legislative body responsible for governing the city of Berkeley and setting local public safety policies.
Terry Taplin
He is a member of the Berkeley City Council who cast the deciding vote against the proposal to allow tear gas use.
Berkeley Police Department
This local law enforcement agency serves the city of Berkeley and handles tactical operations and warrants.
The details
The proposal sought to grant exceptions for the use of tear gas in barricaded subject cases, hostage situations, and high-risk warrant executions. Supporters argued these were necessary for tactical safety, while opponents pointed to past misuse on civilians and potential harm to the public.
Timeline
The Berkeley Police Department utilized tear gas against protesters on Telegraph Avenue in 2014.
City officials first implemented the comprehensive ban on tear gas in 2020 following the death of George Floyd.
The City Council held the vote to uphold the current policy on September 29, 2026.
Political Context
This decision follows the pattern of police reform policies adopted nationally after the death of George Floyd. Critics of the current ban argue that the policy restricts necessary tactical flexibility, while proponents emphasize the potential for unintended harm to the community.
The maintenance of the ban ensures that local law enforcement cannot deploy tear gas during civil disturbances or high-risk operations within the city. Residents will see no change in current police tactical procedures as the status quo remains in effect.
The takeaway
Maintaining the ban reflects a persistent local prioritization of public safety over the expanded use of chemical deterrents by law enforcement. Residents who advocate for specific police tactical adjustments will likely need to engage in further public council hearings to see policy movement.
Further reading
For more on local policy debates, visit the City Hall section.
Source note: This article includes information reported by The Berkeley Scanner.
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Should your local police department be authorized to use tear gas for high-risk warrants?
