On Christmas Eve, a group of 85 carolers marched through downtown Eugene, braving not only the driving rain but the threat of fines and jail time for gathering in a group of more than 25.
Monday evening they gathered again in a group of nearly 50 before the Eugene City Council’s meeting to protest the recently passed city ordinance that can punish them.
Eugene Ordinance No. 20303, passed Nov. 24, requires groups of more than 25 to obtain a permit before assembling in the downtown core, among other restrictions it puts on downtown activities.
The punishment for not following the law is a fine of $500 for an unplanned gathering and up to $1,000 and one year of jail time for intentionally congregating.
“We the people don’t feel we need a permit to exercise our constitutional right to assemble,” said Michael Carrigan, one of the organizers of the ad hoc coalition of protesters.
The provision requires groups to pay a fee to obtain a permit through the nonprofit group Downtown Eugene Inc., an organization of downtown business owners and property owners in the downtown activity zone, the 35 blocks located in the area between Sixth Avenue and 11th Avenue and running from Lincoln Street to High Street.
The provision existed in a previous ordinance adopted about 10 years ago, but in November the area it applied to was expanded by five blocks from Charnelton to Lincoln streets.
City Manager Dennis Taylor said the city attorney and the police chief were working to simplify the permitting process and limit it to commercial activities. He expects them to have results to bring before the Council in several weeks.
Nine people from the crowd of more than 70 spoke against the ordinance during the meeting’s public forum, expressing shock and outrage over the provision they said is a violation of the U.S. Bill of Rights.
“I was astounded and astonished by the ordinance, which in effect denies the constitutional right of freedom of assembly,” Karl Sorg, 81, told the council. “The ordinance is unconstitutional, I have no doubt.
Ward 5 City Councilor Gary Papé, who voted for the ordinance, said he based his decision in part on the advice of local business leaders, who he said feel that it is important to have a provision limiting large gatherings downtown.
Only Ward 2 Councilor Betty Taylor and Ward 3 Councilor David Kelly, who represents the University area, voted against the ordinance.