Item B: Options to Address Hate Speech

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As an example, Intimidation in the second degree (EC 4.726) currently carries a fine of up to $2,500 and a jail sentence of up to one year. The council cannot increase the jail time for this offense but could direct the City Manager to bring back an ordinance increasing the fine (to a maximum of $6,250). It is unclear whether an increase in the penalties for certain offenses will have a deterrent effect on the perpetrators of hate crimes and hate speech. In addition, offenses such as Menacing and Offensive Physical Contact often are totally unrelated to hate incidents. RELATED CITY POLICIES Eugene City Council Vision and Values – Safe Community: A community where people feel safe, valued and welcome. COUNCIL OPTIONS The council may: 1. Direct the City Manager to bring back an ordinance implementing one or more of the options discussed above. 2. Direct the City Manager to pursue other options to address hate speech and hate crimes. 3. Take no action. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 1, and more specifically, that the council direct the City Manager to bring to a public hearing an ordinance that (1) defines Harassment to deal with the Oregon Supreme Court's decision in State v. Johnson that declared the existing version unconstitutional, and (2) creates an offense of Intimidation in the third degree. SUGGESTED MOTION Move to direct the City Manager to bring to a public hearing an ordinance that (1) defines Harassment to deal with the Oregon Supreme Court's decision in State v. Johnson that declared the existing version unconstitutional, and (2) creates an offense of Intimidation in the third degree. ATTACHMENTS None. FOR MORE INFORMATION Staff Contact: Jerry Lidz Telephone: 682-5080 Staff E-Mail: jerome.s.lidz@harrang.com