CC Minutes - 05/26/98 Meeting - Laserfiche WebLink

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consideration of the ordinances by the Council Committee on Public Safety and input received from the Human Rights Commission, representatives of the American Civil Liberties Union, Looking Glass, Legal Aid, the Public Defender's Office, Downtown Eugene Incorporated, downtown businesses, and City of Portland human rights staff, police, and city attorney. Ms. Bohman said that changes had been made to the proposed ordinances in response to concerns raised by various groups--provision for legal passage through the mall during its closure was added, an administrative hearing was replaced with a hearing before a Municipal Judge out of concerns raised about due process, and willful violation of mall rules was removed as a cause for exclusion. In response to a question from Ms. Taylor, Ms. Bohman explained that the area of the downtown pedestrian mall between Willamette and Oak Streets was not included because there was a desire to limit the closure area as much as possible and because it was not an area currently experiencing difficulties dealt with by the ordinances. Martin Champion, 1430 Willamette Street #597, expressed appreciation to the Mayor for his expressions of concern about the Thurston High School shooting incident. He said he was concerned about the proposed mall ordinances because he believed they did not meet constitutional requirements for due process. He said he did not believe the appeal hearing process included in the ordinances would withstand a legal challenge. Chuck Theobald, 1290 Jackson Street, said that he was opposed to the proposed exclusion ordinance because it would deny members of the public access to public space without conviction of a crime. He said he was also concerned because the exclusion ordinance could be applied unequally based on a person's appearance. He said he believed the proposed closure ordinance also denied a right of access to a public street. He said he saw no need for either ordinance. Paul Prensky, 933 East 29th Avenue, stated that he appreciated the attempt of the council to address the serious problem faced by downtown businesses and separating youth from bad influences. He said he was concerned, however, that illegal activities on the downtown mall would only be displaced by the ordinances and create a series of areas needing extra police services. He said he did not believe crime prevention was promoted through "police power" ordinances. Russ Brink, 132 East Broadway #103, stated that Downtown Eugene Incorporated supported the proposed ordinances for a nine-month trial period. He said the environment in the mall area was steadily deteriorating and that the public space in it was being used by only a small portion of the community. He said a public mall had few security options in comparison with a private mall. He described how the proposed ordinances had been developed through hours of discussion among mall representatives, City staff, and police. He pointed out how the proposed ordinances were similar to others already in force throughout the City and that they provided alternate tools for use by the police. He said he believed the ordinances were directed against crime, not youth. He urged the council to support passage of the ordinances. Mayor Torrey determined there was no one else wishing to testify and closed the public hearing. The meeting adjourned at 8:35 p.m. MINUTES--City Council May 26, 1998 Page 5 7:30 p.m.