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Item B: Ordinance on Downtown Public Safety Zone
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Item B: Ordinance on Downtown Public Safety Zone
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12/8/2010
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The current exclusion program also circumvents due process by allowing exclusion based solely on a <br />preponderance of evidence in a civil process that does not require an attorney be provided for those who cannot <br />afford one. In spite of the efforts by our municipal court judges to provide a fair process they cannot represent or <br />advise the people who come before them. <br />Without access to a lawyer, many people do not fully understand how quickly they need to act, and what they <br />must do to protect their rights to challenge a <br />n exclusion order. Many of the people who receive these orders might <br />not be as well equipped as all of us to understand what the exclusion order says, what it means and how to access <br />and understand the system to defend themselves. Some have little or no education, some have serious disabilities <br />or mental health hurdles that have nothing to do with any criminal activity. In fact at least one of our municipal <br />court judges has stated she avoids imposing exclusion on those with mental health issues because they cannot <br />fully understand the sanction or its implications. <br />Lastly there is no way to track how many people were cited in error and chose not to challenge their exclusion <br />either because they didn’t understand the process o <br />r believed they had no chance of being given a fair hearing in <br />court. This is another link in the chain of due process that is severed when we allow the use of this kind of street <br />level justice where an officer can cite someone and essentially sanction them before they have had their day in <br />court. <br />It may be that a majority of Eugene residents are content to allow this program to continue given the support it has <br />received <br /> from downtown businesses. But the fact that it popular does not make it right. The ACLU will continue <br />to oppose this exclusion program and others like it on the principle that a free society does not banish people from <br />the public square without due process of law. The downtown public safety zone does not provide adequate due <br />process and should be abandoned. <br />2. Email received to alert commissi <br />on of future correspondence to be received: <br />From: Connie Bennett [mailto:connie@silvamgmt.com] <br />Sent: Wednesday, September 01, 2010 10:33 AM <br />To: ZIMMER Randi M <br />Subject: testimony for DPSZ <br />I am looking for an address tha <br />t our downtown building owners and tenants can use to send written support for <br />the DPSZ. I realize the public forum is tonight and have given building owners and tenants notice, but also <br />wanted to provide them with a way that they could send written support for the ordinance. <br />Thank you for your assistance. <br />Connie Bennett, Property Manager <br /> <br />
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