Item 4: Ordinance Concerning Downtown Public Safety Zone

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things before they even give an exclusion. It’s a small price to pay for safety. The process is cheap, easy, works for some people, and in her experience is a good way to get people out of trouble. She is happy to support this. She just wants to make sure it’s not duplicating any existing rules, but very pleased with the way it’s been enforced. Lauren Regan: She is an attorney in Eugene, and runs the Civil Liberties Defense Center. She added to what the ACLU said, that the ordinance is vague and abuses officer discretion. In her opinion many of the descriptions of behavior have been overstated. She said that the report says over 60% of people excluded reported themselves as homeless but she thinks it is much more, closer to 80%. She added that the exclusion system is confusing and when victims offend they can’t show up because they have to work or don’t understand the process. Rather than exclude people in one neighborhood, she urged focus on the need for services. Downtown has no public bathrooms and very few garbage facilities. No non-denominational shelters are downtown. Most people don’t choose to be homeless, they are there because they are mentally ill. When living on the street, your life is public. Portland had the same type of exclusion ordinance, but was sued for profiling. Excluding people from downtown pushes activity to other areas. Rather than exclude from one area, enforce the law as it’s written. If enforcement isn’t working, refer people to other services. The problem in court appearances is that it punishes the victims as well. What is the real cause of our problems? William Moskal: He is a Vietnam vet. After being at the forum, he is more in favor of the exclusion zone. He said EPD needs this tool. He lives in the Buckley House and it gives him a safe place. He sees what kids have to deal with, and young kids are being taken advantage of. He said kids should be in school and that he knows most of the police officers and security people. He concluded this ordinance is good. Claire Syrett from the ACLU made a final comment: She said that we have heard a lot about crimes tonight and she believes these crimes aren’t unique to Downtown. Crime happens all over the city. Sectioning off one area downtown won’t fix the problem. People can be held accountable for those crimes with the system we have in place so people aren’t denied due process while dealing with criminal elements. If you think your public safety system is failing, then step up and do something to support the jail and public services, instead of taking a short cut and using the exclusion ordinance. Minutes Recorded by Randi Zimmer, Police Commission Staff EMAIL CORRESPONDENCE RECEIVED AT THE POLICE COMMISSION OFFICE: 1. Prepared Statement from Claire Syrett, ACLU Exclusion Zone Talking Points Police Commission Forum September 1, 2010 As a matter of policy the ACLU opposes programs like the one currently in place for downtown Eugene that allow pre-conviction exclusion of someone accused of a crime. Excluding a person from our public places – our commons – is a serious sanction that should not be imposed without due process of law. When we speak about excluding someone under these zones we are talking about limiting someone's right to travel and associate freely in our society. To us, this right is a fundamental right. And before our government removes or limits that right by using an exclusion order, it must ensure that certain due process protections happen so that we do not end up punishing the innocent. These protections include: arrest and filing of criminal charges, the right to counsel, the right to a judge or jury, a judicial hearing and judicial oversight. While the proponents of the exclusion zone focus on how effective and necessary this ordinance is we shouldn’t loose sight of what we are giving up to use this tool - including fundamental rights guaranteed by our Bill of Rights and a process that upholds those rights – rights which protect all of us in this room and in the businesses and schools downtown - not just those people who might be the targets of this ordinance.