Burbank says there has to be vandalism or active and “pretty aggressive resistance” for pepper ball use to be justifiable. He takes issue with the Parks Police’s handling of protesters on Monday. If a protest is peaceful, the fact that they aren’t moving is not a justifiable use of force, according to Burbank. “What I’m seeing is lots of people not necessarily doing the thing that would require that level of force,” he says. “And that’s extremely concerning because a peaceful crowd does not deserve to have chemical munitions against them.” He continued, “If they’re blocking traffic, divert traffic. Police should be protecting free speech.”