The court states that petitioners can’t stand within eight feet of a bus door, a distance that LTD officials say it is not enough and creates an imbalance between petitioners’ right and passnegers’ needs.
Two years ago, Steve Leppanen was exercising his rights as a citizen, gathering signatures for the Parks and Salmon and the Medical Marijuana initiatives. When he chose to exercise those rights on the property of LTD’s downtown station and at bus stops, a controversy arose that has yet to be resolved.
After being restricted from certain LTD property, Leppanen joined the American Civil Liberties Union, and brought his concerns to its board. A year later, the board took up his complaint as a cause and began the legal process against LTD.
Leppanen’s case was filed in May, and all parties agreed to fast-track it, holding the trial in June. Circuit Court Judge Gregory Foote returned a decision in favor of Leppanen and the ACLU.
Foote ruled that the ordinance is unconstitutional and violates the Oregon Constitution by restricting persons from collecting signatures at the Eugene Station or at bus stops.
According to the judgment prepared by Foote, the exception to the ruling was that “no person may solicit signatures within eight feet of any LTD bus door while persons are entering or exiting the bus, and no person may collect signatures while on an LTD bus.”
LTD filed for an appeal on July 13, asking for signature-gatherers to be prohibited not only eight feet from bus doors, but from the entire boarding platform area. Eight feet is not adequate for lines of people that sometimes “extend over 30 feet,” said Ed Bergeron, LTD public affairs manager.
“What we’re trying to do is to find the right balance between the rights of the petition gatherers and the needs of the bus riders,” Bergeron said.
The LTD ordinance that limits signature gathering does not limit all of the LTD property, Bergeron said, but only focuses on the actual buses and boarding platforms.
“The station was designed to meet the needs of riders, who are typically in a big hurry,” he said.
Ken Hamm, LTD’s general manager, said that LTD believes it is necessary and advisable to seek further guidance from the Oregon Appellate Courts concerning LTD’s rights and responsibilities in the management of its facilities.
In the meantime, the judge’s decision is in effect until the appeals trial, which could be a year or two away.
“We’re going to see petitioners out there, especially with the November elections coming up. Right now they have free reign, up to 8 feet from the door of the bus,” Bergeron said.
The ACLU and Leppanen will defend the appeal in part because the judge’s decision included ordering LTD to pay the legal fees accumulated by Leppanen.
“I’m pleased that we won,” Leppanen said. “I have all sorts of conflicting emotions about the appeal, and I hope it’s not being done with public funds. I’m doing this as a matter of principle.”