Building Remedies to End
Abusive Tear Gas & Harmful Exposures

THE BREATHE ACT

Building Remedies to End
Abusive Tear Gas & Harmful Exposures

Inspired by the Illinois Accountability Commission's comprehensive investigation into chemical agent deployments and building upon the Attorney General's landmark lawsuit challenging federal crowd control practices, this legislation represents a critical step in protecting public health and civil liberties from harmful exposure to chemical weapons.

The passage of the BREATHE Act is critically important because it addresses a profound and ongoing threat to public health and safety in Illinois by seeking to end the indiscriminate and harmful use of chemical irritants like tear gas on our communities. These agents are not benign; they cause severe, documented harm including permanent respiratory damage, miscarriages, and chemical burns, affecting not just protesters but vulnerable populations like children, the elderly, and those with pre-existing conditions.

By prohibiting dangerous agents, establishing independent oversight and rigorous safety testing, and removing legal shields that prevent accountability, the BREATHE Act offers a necessary and proactive framework to protect all residents. Furthermore, as demonstrated by law enforcement's successful management of major events without these chemicals, such measures are not only essential for public health but are a viable and effective alternative to practices that endanger the very communities they are meant to serve.

Thank You to Our Sponsors!


Representative Edgar Gonzalez


Senator Robert Peters


Key Provisions

Public Health Protections


  • Comprehensive Ban: Prohibits deployment of tear gas and lachrymatory agents in Illinois

  • Strict Regulatory Framework: Establishes a Chemical Agent Review Board under the Illinois Department of Public Health to:

    • Develop scientific standards for chemical irritant agents

    • Monitor health impacts

    • Review scientific evidence

Pepper Spray Regulations


  • Strict Safety Standards to be developed by IDPH, including:

    • Maximum 1.3% capsaicinoid content

    • Mandatory comprehensive safety testing

    • Prohibited additives and delivery mechanisms

  • Public Transparency:

    • Public database of approved formulations maintained by IDPH

    • Adverse event reporting requirements

Enforcement Mechanism


  • Private Right of Action:

    • Individuals can sue for damages from chemical agent exposure

    • Strict liability standard

    • Damages up to $5,000 per violation

    • No qualified immunity defense

  • Interested Party Organization Standing:

    • Non-profit organizations can file enforcement actions

    • 20% of civil penalties allocated to community education and services

Accountability


Mandatory Reporting:

  • All chemical irritant deployments must be reported within 48 hours

  • Comprehensive public database of deployments

Strict Liability Framework


  • No Fault Required: Plaintiffs do not need to prove intent, negligence, or culpable mental state

  • Automatic Liability: Deployment of a prohibited or unapproved chemical irritant that causes injury is automatically a tort

  • Broad Defendant Scope: Legal action can be brought against:

    • Direct deployers

    • Those who ordered the deployment

    • Agencies whose employees conducted the deployment

    • Suppliers of prohibited chemical agents

Key Legal Innovations


  • Expansive Causation Standard: Plaintiffs only need to show the chemical agent was a "contributing factor" in their injury

  • Comprehensive Damages:

    • Actual damages (medical expenses, lost wages)

    • Statutory damages of at least $5,000 per violation

    • Potential punitive damages for reckless conduct

    • Attorney's fees and expert witness costs

Strategic Legal Design


The tort mechanism is deliberately constructed to:

  • Prioritize public health protection

  • Remove barriers to legal recourse

  • Create strong deterrence against inappropriate chemical agent use


The BREATHE Act is supported by: