Ladies and Gentlemen of the Council,
When
I spoke to you last, I had been cited for signs. I am happy to report that I have not been
harassed at my protest since then, despite adding a 3rd sidewalk
sign protesting the citation. I pled not
guilty last Tuesday, and on Monday served Police Chief Joe Henner with a
request for disclosure of evidence. My
citation for Obstructing Traffic was dismissed on Tuesday by the officer who
cited me.
But
I find myself in further jeopardy, thanks to City Manager Frasher dusting off a
long-unused ordinance and deciding that it needs enforcement. Sometimes a law is not enforced because it is
such a bad law that the police dislike enforcing it. Most bad laws are never repealed; they just
fade away from lack of enforcement. The
“Materials on Sidewalks” ordinance, 5.36.020, is just such a law.
This
ordinance serves no proper governmental purpose that is not already covered by
other statutes. What it does is ban the cheapest,
most effective advertising that some merchants have available to them. It reduces visual competition with other
forms of advertising, like kitschy city-blessed artwork. And it effectively bans effective protest by a
single person like me.
I
cannot conduct my protest without some materials on the sidewalk. When I first started, 4½ years ago, I had one
hand-held sign and a basket of goodies with my leaflet box leaning against it
on the curb, and my CD player next to the light pole. I added two chairs when the City took away
its bench. I added two wooden TV trays to
display my bumper stickers and lean most of my stuff against, after my arrest
for giving away pot cookies.
None of these
materials and equipment have obstructed traffic on the 12 foot wide sidewalk, even
with the new sidewalk signs. All of these
things, from the basket and leaflet box on, violate this ordinance. An ordinance that effectively bans peaceful,
single-person protest cannot be constitutional.
Putting merchandise
on sidewalks is the cheapest, most effective advertising there is. That’s why I use it; protest is simply cheap,
labor-intensive advertising of one’s views to a wide local audience. Everything I do or have out there is
advertising for my causes and my business.
Business advertising
and political protest are equally free expression, protected under Oregon’s
constitution. If the Oregon Legislature
cannot regulate billboards along Oregon’s highways, how does the City think it
can tell merchants how they can use their own sidewalks, so long as they don’t
block traffic or create a hazard?
A downtown with signs
and merchandise on display is a vibrant downtown; empty sidewalks make it look
like the shops are closed, and do not lure shoppers to stroll. The real question is: why doesn’t the City care whether its
merchants, large and small, sell merchandise and make money?
That is a subject for
another three-minute speech.
Rycke Brown, Natural Gardener 541-955-9040 rycke@gardener.com
5.36.010 Obstructing traffic. A. No person
shall, except as otherwise permitted by ordinance, obstruct, cause to be
obstructed or assist in obstructing pedestrian or vehicular traffic on any
sidewalk or other public place.
B. The provisions of this chapter
shall not apply to the delivery or merchandise or equipment, provided that no
person shall permit such merchandise or equipment to remain on any street or
sidewalk beyond a reasonable time.
5.36.020 Objects or Materials on Streets, Sidewalks,
or any other Public Way.
A. No person shall permit any
merchandise, equipment, or other obstruction to remain on any street or
sidewalk.
B. No person shall
use any street or sidewalk or any portion thereof for selling, storing, or
displaying merchandise or equipment except as may be otherwise provided by
ordinance, or as might be specifically authorized by the Council.