05/05/1980 Meeting - Laserfiche WebLink

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e e CB 2107--An ordinance concerning defense to trespass; amending Section 4.805 of the Eugene Code, 1971; and declaring an emergency. Mr. Lieuallenmoved, seconded by Ms. Miller, that the bill be approved and given final passage. Ms. Miller stated there had been quite a bit of discussion as to what would happen if people did not operate in good faith and stated she does not feel that this is anything but a first step regarding free speech. She thinks this ordinance can be improved. She has extended an invitation to any interested parties to discuss potential improvements or problems. She feels that the shopping center management will provide reasonable access for free speech as well as reasonable passage for those desiring only to shop. This is a basic Constitutional issue. Shopping centers surrounding by large parking lots are the equivalent of a downtown area designed to be held open to the public. Discrimination cannot be made on the basis of race, sex, age, etc. Even though these centers are private property, they are places of public accommodation. They fulfill a very important public function. Historically, people used town commons or general stores as places to exchange ideas, and now, rather than people being downtown, many of them are. at shopping centers. The Eugene community has a very healthy political spirit of debate and she feels that that is very important for people governing themselves. She strongly supports the ordinance. They are only talking about large shopping center areas because of the large numbers of people that are attracted to large shopping centers. These centers have lots of public money involved. She feels that it is important that political statements of all kinds be allowed to have access. She does not feel the fiscal resources of the City should be directed at this type of activity. She realizes there is a good chance that management of the centers will still call in the Eugene Police Department to prosecute trespass charges under the State law, but the City Code can be amended to say that the City does not intend to use its financial resources to prosecute this kind of situation. Councilor Lieuallen indicated this his motion is to include adop- tion of the legislative findings. Mr. Delay stated the legislative findings alluded to the fact that downtown businesses do not suffer from having free speech areas near them and operation of shopping centers will not be harmed by this either. In fact, because shoppers would be more e 5/5/80--13