OpenPublica

Accountability starts with access.

© 2026 · Filed for the public record

Use casesAboutAPIPrivacyTermsLinkedIn
Home/Berkeley, California/City Council
OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Berkeley City Council Special Meeting – September 29, 2026: Tear Gas Ban Debate

City Council — Tuesday, September 29, 2026
BodyBerkeley, California
SessionCity Council
DateTuesday, September 29, 2026
StatusFILED
Video Record
0:00 / 1:18:50

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:00

All right.

0:01

Hello, everyone.

0:02

Good evening.

0:02

I'm calling the Berkeley City Council meeting, special meeting to order.

0:07

Today is Tuesday, September 29th, 2026, and it is 4.08 p.m.

0:13

Can we please start off with the role?

Speaker 2

0:17

Thank you, Mary.

0:18

And before we get to roll, I just want to mention that Councilmember Humbert is participating remotely this evening under the Just Cause provision of the Brown Act.

0:28

So we're just gonna go ahead and go through that script before we start the meeting.

0:32

Councilmember Humber is intending to participate in the meeting remotely pursuant to the Brown Act under the just cause justification.

0:39

A quorum of the council is participating in person at a single physical location that is identified on the agenda, open to the public within the boundaries of the agency and meets accessibility requirements.

0:50

This satisfies the requirements of the Brown Act.

0:53

Councilmember Humbert has notified us of their need to participate remotely.

0:59

Councilmember Humber, if you would please provide a general description of the circumstances relating to your need to appear remotely at this meeting.

Speaker 3

1:09

Thank you, Madam Clerk.

1:10

Um I woke up this morning with a rotten cold, and I don't want to expose my colleagues or anyone else in the chambers to it.

Speaker 2

1:19

Thank you, Councilmember.

1:20

Sorry, did he hear you're not feeling well?

1:23

Um if you could also please disclose um whether there are any other individuals 18 years of age or older if they are present in the room at your location, and if so, the general nature of your relationship with such individuals.

Speaker 3

1:37

There is no one else present.

Speaker 2

1:39

Thank you.

1:40

Councilmember Humbert, you're reminded that you must participate through both audio and visual technology.

1:45

Thank you.

Speaker 4

1:46

Thank you.

Speaker 2

1:47

All right, and now we will move on to roll call.

1:50

Councilmember Kessarwani here.

1:53

Taplin is absent.

1:56

Bartlett is absent.

1:58

Traegob.

Speaker 5

1:59

Present.

Speaker 2

2:00

O'Keefe.

2:00

Here.

2:01

Lackaby.

Speaker 3

2:02

Here.

Speaker 2

2:02

Lunapara.

2:03

Here.

2:04

Humbert.

Speaker 3

2:05

Present.

Speaker 2

2:07

Mayor Ishii.

2:08

Here.

2:09

Thank

Unassigned speaker

2:09

you.

Speaker 1

2:10

Okay.

2:11

Thank you very much.

2:12

And I hope you feel better, Councilmember.

2:15

All right.

2:16

So we have one item on our agenda this evening.

2:20

Um, and it is old business.

2:22

The item is item 1A, resolution reinstating the Berkeley Police Department's ability to use tear gas for critical life-threatening incidents only and lifting the COVID-19 moratorium on smoke and uh how do you say that, Chief?

2:38

OC spray.

2:40

Anyway, and um from Councilmember Kesserwani.

2:43

And then um item one B, social justice implic implications of proposed use of controlled weapons and other policing tools.

2:51

Again, continued from the September 15th, 2026 meeting from the Peace and Justice

Speaker 6

2:56

Commission.

Speaker 1

2:57

So for folks that were not there during that meeting, basically we had technical difficulties, um, which meant that we really needed to stop the meeting.

3:06

Um, and so we are here again.

3:08

Um, but we will not be doing the presentations over again.

3:12

Um, we will just be uh, and in fact, actually, even though we had pretty much finished the public comment, there were two or three more folks that were left online.

3:21

So we will take public comment again on this item, and then um we will also hear, of course, from our council members for deliberation and then a vote.

3:31

So uh we will start us off with the public comment.

Discussion Breakdown — Share of Meeting
Public Safety█████████████████████████████████████████████64%
Public Comment███████████16%
Procedural██████9%
Police Accountability██████9%
Mental Health Awareness█2%
Summary of Proceedings

Berkeley City Council Special Meeting – September 29, 2026: Tear Gas Ban Debate

A special meeting of the Berkeley City Council was called on Tuesday, September 29, 2026, at 4:08 PM to resume consideration of two items continued from the September 15, 2026 meeting. The primary agenda was Item 1a, a resolution to allow the Berkeley Police Department (BPD) to use tear gas in narrowly defined life-threatening incidents and to lift the pandemic-era moratorium on smoke and OC spray. Item 1b, from the Peace and Justice Commission, proposed retaining existing bans and commissioning health studies. Councilmembers Kesarwani, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert (participating remotely due to illness), and Mayor Ishii were present; Councilmembers Taplin and Bartlett arrived during the meeting. Public comment was taken, followed by council deliberation and votes.

Public Comments & Testimony

  • The vast majority of speakers urged the council to reject the resolution and retain the bans. They highlighted health risks (asthma, chemical sensitivity), the classification of tear gas as a weapon of war, its potential for indiscriminate harm (drifting in the air, striking unintended people), and the lack of demonstrated need—noting that BPD had used tear gas only three times in decades, all of which were resolved without it. Several speakers expressed distrust in police accountability structures and feared the tool would be used against protesters or marginalized communities, especially in the current political climate. One representative of the Berkeley Friends Meeting (Quakers) called for retaining the ban.
  • Sergeant Derek Rady, speaking on behalf of the Berkeley Police Association, supported restoring tear gas for the Special Response Team, calling it an industry-standard de-escalation tool that provides time and distance in high-risk incidents such as armed barricades, hostage situations, or active shooters. He emphasized that the proposed policy would strictly prohibit crowd control use and that Berkeley is currently the only department in the nation whose tactical team lacks this tool.

Discussion Items

  • Councilmember Kesarwani, the item author, moved adoption of Councilmember Blackaby’s amended version of the resolution, adding a clause requiring BPD to notify the City Manager (and subsequently the council and Police Accountability Board) within 10 days of any use of the tools, referencing existing reporting policies. She argued the resolution is narrowly tailored for critical life-threatening incidents only, not crowd control, and that a less-lethal tool could save lives in rare but dangerous scenarios.
  • Councilmember Blackaby and Vice Mayor O’Keefe supported the motion. Blackaby emphasized that no other major California city maintains an outright ban and that the resolution provides reasonable safeguards; O’Keefe noted that the risks of deployment are weighed against the risks of not deploying in life-threatening situations. Councilmember Humbert also supported, stating he had been tear-gassed during a protest and firmly opposed crowd control use, but trusted BPD to follow policy.
  • Councilmember Taplin urged caution, suggesting the need for more community education and trust-building before such a change. Councilmembers Bartlett, Tregub, Lunaparra, and Mayor Ishii opposed. Bartlett argued that the rarity of use (once in 40 years) did not justify the community fear and erosion of goodwill; Tregub cited Berkeley’s own negative experiences with chemical agents; Lunaparra highlighted the long-term health impacts, lack of precision, and the message such a move would send in the current political climate. Mayor Ishii echoed concerns about the historical context and lack of urgency.

Key Outcomes

  • Item 1a (Tear gas resolution): The motion failed on a vote of 4–5. Voting in favor: Councilmembers Kesarwani, O’Keefe, Blackaby, Humbert. Voting against: Councilmembers Taplin, Bartlett, Tregub, Lunaparra, Mayor Ishii.
  • Item 1b (Peace and Justice Commission proposal): A motion to take no action was approved unanimously (8–0), effectively leaving the existing bans in place.
  • The meeting adjourned at approximately 5:10 PM; the regular council meeting was scheduled to begin at 6:00 PM.

Meeting Transcript

All right. Hello, everyone. Good evening. I'm calling the Berkeley City Council meeting, special meeting to order. Today is Tuesday, September 29th, 2026, and it is 4.08 p.m. Can we please start off with the role? Thank you, Mary. And before we get to roll, I just want to mention that Councilmember Humbert is participating remotely this evening under the Just Cause provision of the Brown Act. So we're just gonna go ahead and go through that script before we start the meeting. Councilmember Humber is intending to participate in the meeting remotely pursuant to the Brown Act under the just cause justification. A quorum of the council is participating in person at a single physical location that is identified on the agenda, open to the public within the boundaries of the agency and meets accessibility requirements. This satisfies the requirements of the Brown Act. Councilmember Humbert has notified us of their need to participate remotely. Councilmember Humber, if you would please provide a general description of the circumstances relating to your need to appear remotely at this meeting. Thank you, Madam Clerk. Um I woke up this morning with a rotten cold, and I don't want to expose my colleagues or anyone else in the chambers to it. Thank you, Councilmember. Sorry, did he hear you're not feeling well? Um if you could also please disclose um whether there are any other individuals 18 years of age or older if they are present in the room at your location, and if so, the general nature of your relationship with such individuals. There is no one else present. Thank you. Councilmember Humbert, you're reminded that you must participate through both audio and visual technology. Thank you. Thank you. All right, and now we will move on to roll call. Councilmember Kessarwani here. Taplin is absent. Bartlett is absent. Traegob. Present. O'Keefe. Here. Lackaby. Here. Lunapara. Here. Humbert. Present. Mayor Ishii. Here. Thank you. Okay. Thank you very much. And I hope you feel better, Councilmember. All right. So we have one item on our agenda this evening. Um, and it is old business. The item is item 1A, resolution reinstating the Berkeley Police Department's ability to use tear gas for critical life-threatening incidents only and lifting the COVID-19 moratorium on smoke and uh how do you say that, Chief? OC spray.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com