07/11/1983 Meeting (2) - Laserfiche WebLink

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Councilor Holmer noted that subsection 2(g) needed a comma inserted in order for it to make sense. It shoul dread: IIUrinates or defecates in, or in view of. a public place, except in a lavatory; or,. II . In response to Councilor Lindberg's question on Section 2(e), Mr. Swanson said that this section on physical acts is not directed towards speech or sign 1 anguage. Public hearing was opened. Speaking in opposition to the proposed amendments: David Fidanque, 1756 Willamette, Suite 2, representing the Lane County Chapter, American Civil Liberties Union, stated that the ACLU had problems with the proposed disorderly conduct ordinance. Of particul ar concern was the fi ghti ng words portion, which he considered to be definitely unconstitutional under the Oregon Constitution. He stated that no law should be passed which should restrain the free expression of opinion. In addition, he said that the language in subsection 2(d) might be overbroad. Gordon Elliott, 938 Jefferson. expressed concern over subsection 2(g) in the context of incontinent older persons. There being no further testimony. the public hearing was closed. Mr. Swanson noted that Councilor Holmer's notation regarding Section 2(g) of the ordinance was well taken and would be corrected. Mr. Swanson responded to Mr. Fidanque's comments by noting that although Mr. . Fidanque was an expert in constitutional law, in his own opinion, the language in the ordinance on fighting words was constitutional. Councilor Wooten asked how quickly the language regarding fighting words could be changed. Mr. Swanson noted it could be done quickly, but not easily as he felt it is as good as it can be if there is going to be a provision on "fighting words. II Councilor Lindberg asked Mr. Fidanque if he had any alternative wording to suggest. Mr. Fidanque said that he felt it is impossible to draft a constitu- tional IIfighting words" statute in Oregon. Councilor Wooten stated she felt uncomfortable with the wording. Councilor Schue asked Mr. Gleason whether the community was having problems with fi ghti ng words. Mr. Gleason replied that there were situations. such as when epithets were leveled at young blacks that create furor, when police officers were powerless without a tool such as this. CB 2661--An ordinance concerning disorderly conduct, amending Section 4.725 of the Eugene Code, 1971; and declaring an emerg ency . e MINUTES--Eugene City Council July 11, 1983 Page 8