Lexington police union suing the city in attempt to stop the ban on no-knock warrants

The Lexington police union is seeking a temporary injunction to stop Lexington’s new ban on no-knock warrants, according to a lawsuit filed against the city in Fayette Circuit Court.

The Fraternal Order of Police Bluegrass Lodge No. 4 sued the Lexington-Fayette Urban County Government, Mayor Linda Gorton and all 15 city council members Wednesday over the new no-knock warrant ban enacted last week. The ban was implemented following more than a year of debate after Louisville police killed Breonna Taylor during a raid at her apartment.

The union alleged it had a right to bargain on behalf of Lexington Police Department officers over whether or not the warrants could be banned. The union also alleged banning the warrants — that allow officers to enter a location without knocking — is unsafe.

“LPD officers now face an enhanced risk of serious physical injury and death caused by the no-knock ordinance,” Scott Crosbie, the union’s attorney, said in the lawsuit. Crosbie got the Fayette County GOP to oppose the warrants prior to the council vote.

Union President Jeremy Russell allegedly emailed Mayor Linda Gorton and councilmembers twice and “demanded” that the issue be collectively bargained between the union and the local government, according to the lawsuit. The union said in its lawsuit that Russell didn’t receive any response after the first email.

Russell received a response to his second email, which said “LFUCG is not required to bargain the ordinance banning no-knock warrants,” according to the lawsuit.

The city doesn’t comment publicly on lawsuits.

The union disputed the city’s response and alleged that banning no-knock warrants affects officer safety, which is a condition of employment, according to the lawsuit. The no-knock warrant ban also affects the police department’s discipline system, which is enforced against officers, the union stated in its lawsuit.

“LFUCG cannot unilaterally implement or change mandatory subjects of collective bargaining,” the FOP’s attorney wrote in the lawsuit.

The FOP asked the court for a temporary injunction to prevent city officials from enforcing the no-knock warrant ban, according to the lawsuit. The union also asked that the court “void” the ordinance because it allegedly violates the bargaining agreement.

The union argued that the local ordinance “stands in direct conflict” with Senate Bill 4, which was passed this year by the General Assembly and restricted the use of no-knock warrants instead of prohibiting them.

The no-knock warrant ban was approved by the Lexington-Fayette Urban County Council on June 24 and signed into law by Mayor Linda Gorton Friday. In addition to banning no-knock warrants, it also required officers to wear and activate body cameras while serving a knock-and-announce search warrant and securing the scene for a search warrant.

Local advocates showed adamant support for a ban on no-knock warrants. Black faith leaders in the area pushed to ban the warrants for more than a year, rallying behind calls to outlaw the documents after Taylor died in 2020. They argued the warrants were unsafe for residents as well as police. Doing away with the warrants would increase trust in police, they said.

A local police accountability group, LPD Accountability, has also marched and repeatedly protested since Taylor’s death to ban no-knock warrants and influence additional changes to local policing.

Lexington Police Chief Lawrence Weathers repeatedly told the Herald-Leader and members of the public that he wanted to have access to no-knock warrants for what was called life-and-death situations. But he also said if the city council members wanted to ban no-knock warrants, he would follow their wishes.

Police are able to enter private property under “exigent circumstances” if there is an ongoing situation causing extreme danger to individuals.

The ban on no-knock warrants was enacted after more than a year-long moratorium on the documents imposed by Gorton, who had to approve the warrants. Lexington police didn’t request any no-knock warrants during that moratorium.

The Fraternal Order of Police has repeatedly slammed the idea of banning no-knock warrants and applied public pressure to the council members who favored the ban.

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