CC Minutes - 04/14/08 Work Session

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Regarding mid-range strategies, Chief Lehner said an enhanced hate crimes ordinance would help to mitigate that type of situation. He said another potential strategy might be adding foot and bike patrol capacity between October and April, although financial capacity was lacking. He said longer range the City could consider enhanced enforcement or exclusionary zones. Captain Pete Kearns said the short-term strategy of foot and bike patrol, particularly on West Broadway, had been effective in reducing behavioral crime activity and chronic race-based activity that did not meet the criteria for an intimidation crime as defined by statute. He said that once the patrol ended the activities immediately resumed. He noted that assigned to the summer bike patrol was voluntary. Ms. Ortiz said she had hoped for some specific language regarding an ordinance related to the Park Blocks. Captain Kearns said there were currently restrictions that applied to the Park Blocks that excluded someone for a period of time based on violation of certain park rules, which included the Park Blocks, but enforcement would require assignment of a full-time officer. Chief Lehner added that specific language was not proposed pending direction from the council on the subject of exclusionary zones. Ms. Ortiz asked if including language on hate-related harassment in an ordinance would be an effective tool for curtailing the offensive behavior seen on the street. Chief Lehner said it would be an effective tool because currently some very offensive behavior was not illegal and officers could not do anything about it; offenders were aware of that. He said such an ordinance had been used successfully in other communities. Mr. Clark hoped the council would provide direction to staff with respect to budgeting for winter months patrol and ordinance language in addition to the work on hate crimes that would address offensive behaviors. He gave some examples of behaviors that some business owners had been subjected to, including death threats and vandalism. He did not feel that officers had the appropriate support and tools to deal with the increased level of those offenses. He said those behaviors would need to be addressed if the City wished to encourage more people to live in the downtown area. He hoped officers would be given the ability to exclude for a period of time specific people for specific behaviors, similar to the approach taken in other communities. In response to a question from Ms. Piercy, Chief Lehner said that some of the behaviors cited by Mr. Clark were illegal, but EPD lacked the capacity for consistent enforcement. He said some of the lower levels of harassing behavior were not illegal. Ms. Piercy asked for information about the type of complaints seen in the downtown area over the last several years and the time of year they occurred. Chief Lehner said that information could be provided, but some of the problems were in categories that were significantly underreported. Mr. Pryor said there were two problems: the need for a law against certain behaviors and activities and the capacity to enforce the law. He said lack of enforcement often encouraged more bad behavior and the council should be cautious about assuring that any ordinances could be consistently enforced. He agreed that what was occurring in downtown was unacceptable and was interested in enhanced enforcement and exclusionary zones. He said that trespass was an effective strategy for removing inappropriate behavior, but there had to be a concurrent discussion of enforcement capacity. Chief Lehner explained that enhanced enforcement or penalty zones tended to be easier to enforce than exclusionary zones, particularly with respect to property that was open to the public at all times. MINUTES—Eugene City Council April 14, 2008 Page 7 Work Session