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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 - Copi.es of r
<br />th.::r subcotnmit,tee'~ report were previously distributed.to 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
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<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. ~
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<br />~<:>cc, 10/24/72 _ 1
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