Item 4: Ordinance Concerning Downtown Public Safety Zone

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actions, illegal and unpleasant behavior, lack of cohesive and coordinated planning, and aspects of physical space and environment. He worked with council with a series of short-term strategies that were broad-based (social services, ban on liquor, adding police officers). Those effects won’t be seen until 2012 because of the time it takes to train downtown patrol officers. He thinks this is an important tool, but just one of many tools needed to achieve the community’s goals downtown. He believes with or without the exclusion zone, we need to aggressively pursue these other strategies to achieve the desired effect. However, accomplishing the goals cannot work without the exclusion zone. The state of affairs of our criminal justice system is a huge impact. He said that Eugene may not be unique but the state of our criminal justice system is unique. The lack of sanctions has caused an increase in chronic offenders downtown. One goal of the exclusion zone is an alternative to incarceration. He thinks we must look at the exclusion zone based on goals and objectives, which the ordinance has done. Beyond the statistics cited in the report, property owners see this as a lifeline from the City, showing that the city cares about Downtown Eugene. The data in the activity report suggests that the ordinance has been applied very sensibly by EPD. Concerning changes: he hopes the ordinance is re-enacted following this sunset. He hopes this is not the only solution but a tool. He hopes to see regular reviews and reports of the ordinance’s impacts. The idea of a sunset on the ordinance isn’t unreasonable but needs to be extended to four years instead of two to really see results. Claire Syrett, Southern District Field Organizer, ACLU: Claire read an issue statement from the ACLU (please see complete statement attached). To summarize, the ACLU’s main objection to the exclusion zone is a matter of policy; they oppose exclusion prior to conviction. Serious sanctions should not be imposed without due process. They oppose limiting someone’s right to travel freely in society. This is a fundamental right. Certain due processes must happen as not to hurt the innocent. People deserve proper hearings. Proponents of this ordinance focus on its effectiveness, but they should not lose sight of the fundamental rights under the Bill of Rights to protect all. The ACLU believes we can have exclusion orders that uphold due process orders. However, instead of having an exclusion zone, we should use our current judicial system. The District Attorney can already request an exclusion. The current ordinance circumvents due process by not allowing an attorney to be provided. Without access to a lawyer, people don’t know how their rights can be protected, and some do not understand exclusion orders. Some have disabilities and little education. One of the City’s Municipal Court judges avoids giving exclusion orders to people with mental disabilities. Street level justice allows officers to cite people without due process. Just because it’s popular doesn’t make it right. The ACLU will continue to oppose this as long as people are banned from public areas and are not given due process. Public Comment Period: Carol berg Caldwell: She read a prepared statement about the exclusion zone and its impact on youth, as well as her experience sitting in on court proceedings. She said despite the concern about sexual predators, no predatory behavior is on the exclusion list. Even young people playing hacky sack can be fined. She believes too much time and too many resources are being used on the exclusion zone. She spoke against the exclusion zone and criminal trespass citations, which gives proxy to EPD for citing on trespass instead of going through a more extensive process. She warned that taxpayers pick up a large part of this. Police could issue more warnings, less citations. She said social cleansing belongs at the doors of people working in the shadows. We hold dear the values of justice, freedom, equality. This is just a tab for taxpayers to pay. Mary Salinas: She spoke as a spokesperson for the homeless. Experiencing homeless for 12 years, she said homeless people have no rights and the ways in which homeless people are hurt are horrific. This exclusion zone doesn’t bother her too much. She thinks the power of the zone will flatten out somewhat once the worst of the offenders are taken out of there. Children are developing their personalities in a sensitive manner. After they are homeless for a while, she believes damage sets in that cannot be recovered. She said we have to think