07/13/1981 Meeting (2) - Laserfiche WebLink

Home Browse Search

violent incidents against them as noted by previous speakers. Those of the same sex living together are assumed to be gay, even if that is not so. She showed e pictures of vandalism occurring in the homes of those suspected of being gay. People have started fights and otherwise harassed those suspected of being gay. She cited a number of instances. The gay community wants the council to know they support this ordinance. She distributed handouts showing the types of literature that hate groups are distributing around the state. Ms. Miller requested that these items be entered into the public record. Jane Alward, 2100 Madison, stated that she is a member of the Democratic Central Committee and they support this ordinance. The need has been seen in the city as well as other areas. This ordinance would be a good beginning. Willie Polite, President of the local chapter of the NAACP, stated that there should be an ordinance to help clear up many things that people are doing. In the last three weeks, a second letter was received by Martha Green and no one knew of this letter because she was frightened to discuss it. A copy of the letter was distributed to the council. They are asking citizens and the council to support this ordinance. This is not the ordinance that the NAACP wanted because they wanted an ordinance with "teeth" in it and this one will only "gum" a little bit. However, this is a start. If this ordinance is adopted, it will assist in providing help for the community. He feels the community wants this ordinance passed. With no testimony in opposition, public hearing was closed. Mr. Lindberg asked staff why there could not be more teeth in this ordinance. e Les Swanson, City Attorney, stated that this ordinance is an attempt to protect minorities but not to interfere with First Amendment and Oregon Constitutional rights to free speech. This would enhance the penalty for assault and battery, harming property, or intimidation, even if it is done by a corporation. The bill in the Legislature, sponsored by Governor Atiyeh, has some problems with its original draft. It would have considered it a crime to say something that would cause someone to fear violence. The First Amendment requires danger of real harm. Trying to get more teeth into this ordinance would require more time that was available. More can be done over a longer period of time. Mr. Lindberg asked if it is all right to insult someone but not to threaten them. Mr. Swanson stated that contemptible speech is still protected, but when the conduct reaches imminent physical harm, it would be a punishable offense. Outrageous and contemptible things can be said to people, but when they reach libel or physical harm, it is a defense situation. Mr. Lindberg noted that it sounds as though there is a fine line between threats and verbal abuse. He requested more clarification. Mr. Swanson stated that verbal abuse by someone with a knife would be a crime. Ms. Miller stated that the testimony has expressed it well. Hatred and bigotry cannot be stopped and she does not want to see freedom of speech threatened. However, this is a statement of acceptance of all people and opposes violence such as physical abuse and vandalism. It is a statement that must be made. Ms. Smith stated strong support for the ordinance. By passage of this type of ordinance, Eugene continues to maintain its livability. The council is already e MINUTES--Eugene City Council July 13, 1981 Page 4