April 12, 2003
City Changes Tactics on Peace Camp
According to yet another post to Portland Indymedia, the Portland Police reportedly have opted not to pursue action against the Portland Peace Encampment under 14A.50.020 (Camping Prohibited on Public Property and Public Rights of Way) -- they've decided to use 14A.50.030 (Obstructions as Nuisances) instead:
[Commander Rosie] Sizer stated that per legal advice from City Attorneys, Peace Camp would no longer be charged Public Camping, but will be charged with violating the Obstructions as Nuisance ordinance. She agreed that Peace Camp is not obstructing the flow of traffic on the sidewalk, but that the ordinance also covers other material on the sidewalk. She noted that the Obstruction ordinance does not require 24 hour notice, preventing Peace Camp from staging a "Press Conference" as it did today. Cmdr Sizer further stated that no action would be taken during the evening of April 11th, but would make no assurances about Saturday the 12th.
Meanwhile, the text of 14A.50.030 (which is the existing ordinance which the City decided to enforce mroe vigorously in the absence of a new "sit-lie" ordinance) reads as follows:
14A.50.030 Obstructions as Nuisances.
A. Unless specifically authorized by ordinance, it is unlawful for any person to obstruct any street or sidewalk, or any part thereof, or to place or cause to be placed, or permit to remain thereon, anything that obstructs or interferes with the normal flow of pedestrian or vehicular traffic, or that is in violation of parking lane, zone or meter regulations for motor vehicles. Such an obstruction hereby is declared to be a public nuisance. The City Engineer, the City Traffic Engineer, or the Chief of Police may summarily abate any such obstruction or the obstruction may be abated as set forth in Chapter 29.20.
B. The provisions of this Section do not apply to merchandise in course of receipt or delivery, unless that merchandise is permitted to remain upon a street or sidewalk for a period longer than 2 hours. The vehicle in which merchandise is delivered is subject to all parking regulations as described in Title 16.
It's interesting that they make no assurances about April 12. They didn't move on the camp during yesterday's Portland Peace Encampment Press Encampment, nor during the weekly PPRC march. Would they really be silly enough to move on the camp today, when there's a major rally occurring downtown?
And it continues to seem to me that the way around this new problem is to mutate the camp into a 24/7 standing vigial maintained by an ever-rotating series of people.