Item 3A: Approval of City Council Minutes

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designated areas. The ordinance attempted to address an untenable situation where campers were congregating in what were often unsafe and unsanitary conditions. The ordinance did not address the broader issue of homelessness and its root causes. Councilor Farr said the City had to consider the safety of people camping in an urban environment as well as the safety of passers-by and residents, the potential of park damage caused by overnight use in a space not intended for overnight use, and the needs of other park users. He believed any temporary variance on camping should address those considerations, and that Occupy Eugene was responsible for complying with regulations intended to govern those considerations. Councilor Farr feared that granting the exemption could have serious implications on the future of camping allowed in the city for other organizations, such as the Boy Scouts. Councilor Clark expressed interest in Ms. Trope’s suggestion that the City use abandoned schools to house the homeless. While Councilor Clark was proud of Oregon’s broad free speech protections, he questioned whether camping was needed for Occupy Eugene to make a free speech point. Councilor Clark recalled his efforts on behalf of the Active 20-30 Club to secure a City park for a fireworks display to raise money for children, which required a lengthy process, $3,000, and the purchase of liability insurance. He noted the council’s receipt of e-mails threatening violence if the council decided to close the encampment and suggested the City’s disparate treatment of Occupy Eugene was based on fear of what might otherwise occur. Councilor Clark continued to question if Occupy Eugene needed to camp overnight for free speech purposes. He did not think so. He “absolutely got” there was more work to be done in regard to the homeless. Councilor Poling asked what liability the City faced if something bad occurred at the encampment. City Attorney Kathryn Brotherton said the City’s liability would be no greater than for any other person using the park. Councilor Poling said the City needed to be consistent in its enforcement actions and permitting processes. He believed that someone was spreading misinformation about the EPD’s response to Occupy Eugene, which resulted in threatening e-mails to the council. He drew the line at that point. He was sympathetic to the situations that Occupy Eugene participants found themselves in. He continued to work after retirement and shared the Occupiers’ sentiments about problems in the financial system. However, he believed the issue before the council was about camping rather than free speech. Councilor Zelenka expressed appreciation for the public testimony, particular that related to the plight of the homeless. He thanked City Manager Ruiz, Chief Kerns, and those participating in Occupy Eugene for the way they handled themselves. He acknowledged disappointment about what he termed an “overreaction” to misinformation about the EPD’s response to Occupy Eugene. Councilor Zelenka emphasized that the exemption was not permanent and ended on December 15. He reported he had visited the Occupy Eugene encampment at the Park Blocks and was impressed with the camp and its organization. He believed that Occupy Eugene was very different from other protest movements he had witnessed and that it merited the exemption. Responding to a request for input from Mayor Piercy, Chief Kerns emphasized that staff did not endorse violations of the law such as illegal camping and the EPD was neutral in regard to the movement’s politics. Staff’s recommendation was pragmatic and based on the EPD’s low staffing levels, the MINUTES—Eugene City Council October 24, 2011 Page 8 Regular Meeting