CC Minutes - 11/24/03 Mtg - Laserfiche WebLink

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to see the provision selectively enforced, it needed to be consistently applicable. She suggested the council hear more about the administrative process, such as how long such a permit took to be processed, how much it cost, and what the grounds for denial were. She asked how the peaceful peace rallies that were held at the beginning of the aggressive action in Iraq would have been affected. Lieutenant Chuck Tilby stated that, essentially, peace rallies were required to have a permit. He noted that there were times that people were routinely required to get a separate parade permit, but no action was taken when there was none. He added that action was only taken when participants were behaving inappropriately. He assured Councilor Bettman that people would not be arrested merely for not having a permit. Councilor Pap~ commented that, though there were a couple of areas in the ordinance had been somewhat troubling to him, he was concerned about the balance and felt that he would approve the ordinance as it was presented. He asserted that there was selective enforcement in many laws. He expressed confidence that the Police Department would enforce the ordinance fairly. He noted that, should many problems arise, the ordinance would come before the council for reevaluation. Councilor Pap~ added that the American Civil Liberties Union (ACLU), the Police Commission, and the Eugene Police Department (EPD) had worked together to finalize the language and the ACLU had indicated that it would not oppose the ordinance. Councilor Nathanson reiterated that the language regarding gatherings of 25 or more people had been in the code for more than a decade. She asked if there had been complaints stating that the requirement needed to be excised or that gatherings had been unfairly dispersed. Mr. Taylor responded that there had not been any such complaints. In response to another question from Councilor Nathanson, Lt. Tilby ascertained from Russ Brink of Downtown Eugene, Incorporated (DE1) that the events cited, that is, the Art Walk and the tuba concert, were both issued permits. Referring to an example cited by Councilor Kelly whereby a fire drill in the County building would cause a large congregation of people, Councilor Nathanson asked if there were regulations regarding the duration of an event that would apply to such a happenstance gathering. Lt. Tilby responded that the permitting was not a tool for enforcement, it was a tool for maintaining public safety. He felt that duration of an event did weigh into an assessment of a gathering. Councilor Nathanson said she would be disinclined to approve the amendment as there had been no complaints that there was improper enforcement of the code or that it was not working properly regarding the requirement for a permit for such a gathering. She conveyed her support for the ordinance as written. Councilor Poling stated that the other side of selective enforcement was discretion. He said the duration of event should weigh into the equation, as should other aspects such as the number of people. He reiterated that it was a management tool and affirmed it was nice to know ahead of time that extra people were needed to monitor such an event. He felt a diverse group had worked on the ordinance and it was not opposed by the ACLU. He asserted the ordinance was well-written and needed no amendments. MINUTES--Eugene City Council November 24, 2003 Page 9 Regular Meeting