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<br />: <br />Eugene, Oregon <br />Council Chamber <br />OctQber 24, 1972 <br /> <br />Adjourned meeting of the Common Council of the city of Eugene, Oregon -adjourned from the meet- <br />. ing held October 9, 1972 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. <br />4It on October 24, 1972 in the Council Chamber with the following councilmen present: Mr. Mohr, <br />Mrs. Beal, Messrs. McDonald, Teague, Williams, Hershner, Mrs. Campbell, and Mr. Bradshaw. <br /> <br />I - United Nations Observance <br />Mayor Anderson presented Barbara Newton, chairman of the United Nations observance, with a <br />proclamation declaring October 24 as United Nations Day. Mrs. Newton responded with a read- <br />ing, introduced others working on the observance, and told of co-operation of the downtown <br />and Valley River merchants in making space available for United Nations displays. <br /> <br />-",. <br />II - Public Hearfngs':~ j":" <br />A. Report, Council/Human Rights Subcommittee re: Liquor License Affidavit j - of r <br />th.::r subcotnmit,tee'~ report were previously COuncil members with re- ,} <br />: gard to Human Rights commission request for Council adoption of resolution requir- :\ <br />. ing affidavits from non-profit private organizations disavowing discriminatorYl .- <br />practices. The affidavit would be a requirement for Council's favorable -:ecommenda-\ <br />tion to the Oregon Liquor Control Commission for issuance or renewal of l~quor . <br />licenses. The subcommi ttee' s conclusion was that legal tools available at this \' <br />~time are not satisfactory to deny liquor licenses because of discrimination on the t <br />basis of race in membership and serving p-:acti ce~ of pri va~e c~ ~s . . In drawing I <br />this conclusion, the subcommittee stated ~ts bel~ef that d~scr~nunat~on on the. ! <br />basis of race, creed, or sex is offensive, and they strongly urged elimination <br />.' of discriminatory clauses from pri vate clubs' consti tutional requirements. . <br /> <br />'Councilman Williams, chairman of the subcommittee, said the subcommittee considered; <br />~ approaching the Legislature wi th regard to revocation of tax exemption s~atus for 1, <br />'private clubs which practice discrimination. The conclusion was that th~s approach \ <br />has not been successful in the past, and that the subcommittee's charge was solely I <br />'to evaluate the Human Rights commission recommendation for adoption of the affi- <br />:cavi't procedure, so it would not be proper to expand into other areas. ,He said <br />the subcommittee did not vote formally on whether to consider another k~nd of <br />:,activit.y. _,_..._.., ..... ... ._,. ...':..:'r\' __...._, ...---.'~d~-.-.- <br /> <br />'Several suggestions were advanced on course of action to achieve non-discrimination _ <br />:t.aking strong posi tion against renewal of liquor license applications when they are <br />:before the Council, incorporating the subcommittee's statement with regard to dis- I <br />,criminatory practices as a policy statement in consideration of all liquor license <br />lapplications, possibility of approaching the Legislature on changing the statute <br />\ <br />,to include non-discrimination as a condition for issuance of liquor licenses. <br /> <br />1 Councilman Williams said the subcommittee did ask the City Attorney whether the <br />i ci ty could legislate against discrimination in pri vate clubs. It was the Ci ty At- <br />\torney's opinion, he said, that such an ordinance would be unconstitutional in the <br />,---. 1 sense of the individual's right to assemble' guaranteed under the first amendment. <br />e 'Mr. Williams continued that in light of recent Supreme Court decision that considera-' <br />\ tion of non-discrimination in granting of licenses is not adequate basis for bring- ' <br />.ing the equal protection clause into play, it would appear denial of a liquor <br />~ license on that basis would be subject to challenge. <br /> <br />: Mayor Anderson returned but did not assume the Chair. <br /> <br />Councilman Mohr suggested that the Human Rights Commission prepare draft of legisla- <br />tion which the Council could initiate to amend the present OLCC licensing procedure <br />,to include non-discrimination clause. Discussion continued on possibility of City's; <br />.involvement in question of constituionality if liquor licenses were to be de~ied i <br />by OLCC because of Council recommendation on basis of discrimination, and question \ <br />:of whether the privilege of serving liquor is significant enough action to infringe <br />upon the right of free assembly. <br /> <br />Mrs. Beal mentioned the possibility of changes in laws governing the Liquor Control <br />;Commission in the next legislative session and suggested referring the matter to <br />the City Attorney for drafting of legislation which" would accomplish non-discrimina- <br />: tion in private organi zations. Mr. Williams replied that the City Attorney's office <br />~was involved in the subcommittee's discussions and alternate approaches did not ap- <br />._pea-: promising, short of lobbying efforts to revoke tax exemption. The subcol1lll1i ttee <br />.. dec~ded not to pursue that approach. . . <br /> <br />- iBob Edwards, chairman of the Human Rights Commission, said the Commission plans to <br />iapproach the Legislature through the State Human Rights Commission for legislation <br />i in this respect. He feels howe.ver the Council should take action on the local level <br />: to promote non-discriminatory practices in private clubs through denial of liquor <br />license applications. ~ <br />----- ~--_. --.........-. ~.~~.~------ -~.:.-:.:...,} <br /> <br /> <br /> <br />~<:>cc, 10/24/72 _ 1 <br />