Cider Riot Complaint
Cider Riot Complaint
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON
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CIDER RIOT, LLC; and ABRAM )
GOLDMAN-ARMSTRONG, ) Case No.
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)
COMPLAINT
8 Plaintiffs )
) (Negligence; Trespass; and Intentional
9 v. ) Infliction of Emotional Distress)
)
10 Damages: $1,000,000
PATRIOT PRAYER USA, LLC; JOSEPH )
“JOEY” GIBSON; IAN KRAMER; and JOHN ) Filing Fee Subject to ORS 21.160(1)(c)
11 (Not Subject to Mandatory Arbitration)
DOES 1-25. )
12 ) Jury Trial Demanded
Defendants
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14 Plaintiffs alleges:
15 INTRODUCTION
16 1.
17 Following the election of Donald Trump far-right extremists have rallied across the
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country for the causes of white supremacy, white nationalism, and general xenophobia. Since
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its formation in 2016, the right-wing extremist group Defendant Patriot Prayer USA, LLC
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marked Portland as a target for violent intimidation. This intimidation serves to shutdown
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22 public democratic spaces through incitements of violence. Defendant Joseph Gibson then uses
23 these self-initiated conflicts to fundraise. With their terror-campaign, Defendant Gibson and
24 his acolytes, including Defendant Ian Kramer, have demonstrated a pattern and practice of
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flouting local, state, and federal law to injure their perceived political enemies. This behavior
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inevitably lead to the repeated, unwanted violence inflicted upon Plaintiffs.
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Juan C. Chavez
Page 1 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
PARTIES
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2 2.
11 5.
12 Defendant Joseph “Joey” Gibson is a resident of Washington State who runs, operates,
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and fundraises for Patriot Prayer USA, LLC. Defendant Gibson has operated Patriot Prayer
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activities prior to Patriot Prayer USA, LLC’s incorporation.
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6.
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19 7.
20 Plaintiffs do not know the legal names of Defendants John Does 1-25, and will sue
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them under fictitious names. John Does 1-25 are any persons who directed, conspired,
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neglected to prevent, or engaged in the tortious conduct described below.
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Juan C. Chavez
Page 2 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
COUNT 1: NEGLIGENCE
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2 8.
3 Plaintiff Cider Riot is an Oregon business that specializes in making craft ciders from
4 Northwest apples, and in providing a safe space for people to enjoy them. Their business
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operates on NE Couch St., in Portland, OR. Their business features a bar, brewery, and indoor
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or outdoor drinking areas for patrons.
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9.
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As described below, Patriot Prayer and Gibson’s tactics vary from convening protesters
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11 under cover of night. Patriot Prayer exists as a cipher for other violent groups to conduct
12 paramilitary actions in the Portland metro area. Their activities have culminated in a number
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of protests marked by state and right-wing violence. Patriot Prayer’s strategy and intent for
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doing so is to a) force a confrontation with leftist groups, b) utilize police departments and
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city governments into imposing harsh crowd control measures on leftists, and c) intimidate
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18 10.
19 Patriot Prayer’s tactics pivoted after October 2018, when their followers were
20 photographed committing assaults on antifascists. On January 19, 2019, Defendant Gibson
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attempted to violently trespass on the International Workers of the World Union Hall. The
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night prior, on January 18, 2019, Patriot Prayer attempted to disrupt a meeting of the
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Democratic Socialists of America at the same IWW Union Hall.
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Juan C. Chavez
Page 3 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
11.
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2 While Gibson had always advocated for the direct removal of masks worn by
3 antifascists,1 his zeal heightened during this period, and Gibson launched a campaign on
4 Facebook calling for such batteries. On January 19, 2019, Gibson and his followers violently
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battered people on East Burnside. Gibson and Hayley Adams, a frequent fixture at Patriot
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Prayer events, directed Patriot Prayer members to cross East Burnside and attack onlookers.
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After a worker at a shop across the street pulled the battery victims into their business, Patriot
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Prayer members began banging on the business’s windows, trespassing in an attempt to
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10 menace. Later that day, Gibson was seen doing the same exact thing to an anarchist affinity
17 spray-painting of “Fuck Antifa” on its walls. Additionally, X's were placed on the business's
18 windows and a mural. The IWW Union Hall was also vandalized with graffiti and one of the
19 front-windows was smashed. The graffiti read “ANTIFA HOUSE” and “SMASH
20 COMMUNISM” on it. Lastly, the Democratic Party of Oregon’s building was vandalized.
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13.
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Later that night, Gibson showed up at the IWW Union Hall once again, this time to
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denounce the vadalism as a “false-flag” aimed at discrediting his organization. Gibson then
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25 announced his intention to show up at any antifascist event in Portland with Patriot Prayer.
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1
A recent example of this tactic can be found here:
27 https://twitter.com/Kherman112/status/1102342852959297536
Juan C. Chavez
Page 4 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
14.
1
2 Leading up to May 1, 2019, Gibson coordinated with Patriot Prayer members to arrive
3 at Cider Riot in the afternoon to “Take the fight to Antifa.” Cider Riot was hosting a May
11 Upon arrival, Gibson began harassing and menacing patrons at Cider Riot.
12 17.
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Gibson livestreamed this encounter on his Facebook page. Often, when Gibson
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livestreams his activities, he appends a link to a personal donations page. On his livestream
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from this particular event, he introduced Cider Riot as “Antifa central,” then asked his
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17 followers to look into the business, its owners, and its landlord. He then told his audience that
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20 After individually harassing the patrons of Cider Riot, Gibson’s crew of approximately
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20 people, most clad in armor and visibly carrying weapons, join him in the harassment. One
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Patriot Prayer member began pepper-spraying Cider Riot’s patrons. In self-defense, the
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patrons used pepper-spray to repel the Patriot Prayer members.
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Juan C. Chavez
Page 5 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
19.
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2 Gibson then facilitated and refereed a street fight between two persons outside of Cider
3 Riot. He dictated the rules, and kept others from intervening while livestreaming to his
4 followers.
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20.
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Gibson continued to antagonize the patrons at Cider Riot, whom were trying to force
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his retreat. Defendant Ian Kramer, a frequenter of Patriot Prayer rallies and associate of
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Gibson, used a baton to crack a Cider Riot patron on the head, knocking her unconscious.
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11 21.
12 Gibson directed his group to back up, but continued to livestream and harass Cider Riot
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patrons while acknowledging the battery.
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22.
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Despite the violence they had wrought, on multiple Facebook posts, Patriot Prayer and
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18 23.
19 Plaintiffs have been harmed by Patriot Prayers repeated, unwanted, alarming, and
20 violent contacts with their business. Citing threats of violence, Cider Riot has had to increase
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security, give staff additional training on safety in case of another Patriot Prayer attack, and
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has lost business.
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24.
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25 Given the repeated extreme incitements of violence against perceived political enemies,
26 it was foreseeable that Defendants’ actions would lead to harm to Cider Riot. Defendants
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Juan C. Chavez
Page 6 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
engaged in conduct, including but not limited to directing, conspiring, neglecting to prevent,
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2 or engaging in conduct that foreseeably lead to the injuries described above. This conduct
3 directly and proximately caused these injuries. Despite knowledge of the risk of harm to
4 Plaintiffs, and the foreseeability of this injury, Defendant breached their duty owed to
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Plaintiffs, damaging them.
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25.
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Plaintiffs now seeks damages not to exceed $1,000,000 for compensatory damages,
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including but not limited to economic losses for additional security, clean-up, and lost profits,
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10 and non-economic losses for emotional distress, and punitive damages where needed to deter
11 this tortious conduct. Plaintiffs also seek an order enjoining Defendants from entering within
12 a reasonable distance from their establishment. Plaintiffs should be awarded their costs,
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including expert fees, against defendants.
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COUNT 2: TRESPASS
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26.
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18 27.
19 Plaintiffs lawfully possessed and retained control of the property where Cider Riot
20 resides.
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28.
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On May 1, 2019, Defendants did unlawfully interfere with this right of possession by
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pepper-spraying into the crowd, onto Cider Riot’s property, by holding street brawls outside,
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25 and by engaging in harmful batteries against its patrons immediately adjacent to the property.
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Juan C. Chavez
Page 7 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
29.
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2 Plaintiffs now seeks damages not to exceed $1,000,000 for compensatory damages,
3 including but not limited to economic losses for additional security, clean-up, and lost profits,
4 and non-economic losses for emotional distress, and punitive damages where needed to deter
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this tortious conduct. Plaintiffs also seek an order enjoining Defendants from entering within
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a reasonable distance from their establishment. Plaintiffs should be awarded their costs,
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including expert fees, against defendants.
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COUNT 3: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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10 30.
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20 Plaintiffs now seeks damages not to exceed $1,000,000 for compensatory damages,
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including but not limited to economic losses for additional security, clean-up, and lost profits,
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and non-economic losses for emotional distress, and punitive damages where needed to deter
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this tortious conduct. Plaintiffs also seek an order enjoining Defendants from entering within
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25 a reasonable distance from their establishment. Plaintiffs should be awarded their costs,
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Juan C. Chavez
Page 8 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208
WHEREFORE, Plaintiffs prays for their costs and disbursements incurred herein and for the
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3 1. Economic damages;
4 2. Non-economic damages;
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5. Injunctive relief;
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6. Any other relief the court deems proper.
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DATED: May 3, 2019.
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Juan C. Chavez
Page 9 of 9 COMPLAINT OSB 136428
[email protected]
PO Box 5248
Portland, OR 97208