Portland Protests: City Council Rejects Time, Place Restrictions

PORTLAND, OR – Mayor Wheeler knew that it was an uphill battle from the beginning. By proposing any kind of restriction on protests in the city is an anathema to many who live in Portland.

He knew that even though protests have resulted in police officers and others getting injured, stores having their windows smashed, and drivers who are trying to avoid protests being chased down, their cars attacked, it wouldn't make a difference.

He knew that even though Portland has developed a reputation of being – as police union chief Daryl Turner put it – "one of the most politically violent cities in America," it wouldn't matter.

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He knew that even though what was he was proposing wouldn't stop people from protesting, it would just limit the time and place in an effort to guarantee public safety, opponents would consider it irrelevant.

At Wednesday's City Council meeting, everything that Wheeler feared, came to fruition as his colleagues rejected his proposed "Public Safety Ordinance."

The vote was 3-2 against. Besides Wheeler, the only other person to vote in favor was Commissioner Dan Saltzman, who is retiring.

After the vote, Wheeler said while he is "disappointed," he believes – and is encouraged by – the conversation his proposal has sparked.

"I want to thank our vocal critics, who made us better, through the engagement of rigorous debate," he said. "I’ve been firm because I believe that this ordinance was a step in the right direction.

"Our administration will continue to look for ways to prevent protest violence, while supporting and upholding the First Amendment. We will also continue to talk with community leaders, to look for alternative ways to tackle this very issue.

The ACLU of Oregon applauded the council members who had voted against the proposal, saying that while they agree with Wheeler's of goal of eliminating violence, they disagree with the details of the proposal.

The group's legal director, Mat dos Santos, called the ordinance "deeply problematic. It is unconstitutional, bad policy, and totally unnecessary."

Wheeler had said that he wanted to break the cycle in the city of un-permitted protests that devolve into violent clashes.

"We want everyone to be able to safely exercise their First Amendment rights," Wheeler said on Election Day after learning that six separate groups were planning protests and none would meet with the police bureau to develop a plan to keep everyone safe.

"But you know the laws: You cannot block streets, freeways, or public transportation. Most importantly, violence will not be tolerated."

It turned out that the majority of those had not bothered to cast a vote in the election.

The mayor says that the ordinance would protect First Amendment guarantees but would establish specific guidelines on where and when demonstrations could happen as is the case in cities including Las Vegas, Pittsburgh, Long Beach, Cincinnati, Springfield, and Raleigh.

Wheeler's office pointed out that similar regulations have faced legal challenges in cities including New York, Seattle, Denver, Colorado Springs, and Tacoma – and survived.

"Portland is one of the most vibrant, livable and economically prosperous cities in the U.S, and we have a robust history of peaceful demonstrations — but in recent years we've become a magnet for agitators either with a history of – or an expressed intent to be violent," Wheeler says.

File photo via Portland City Council.