(Portland, OR) -- An appeals court is overturning a lower court's ban on the use of chemical munitions against protesters outside the ICE building in Portland. A three-judge panel of the 9th Circuit Court of Appeals has ruled against the ban. A lower court issued the ban in response to a lawsuit arguing residents living nearby had a constitutional right to be free from exposure to chemicals weapons in their homes. The appeals court said no such right exists in the Constitution. The owner of the building could still face fines from the City of Portland if chemical munitions are used.