RESOLUTION No. 36148

Authorize City Attorney to appeal a judgment entered in Richard Blechschmidt v. William Shatzer and the City of Portland. (Resolution).

WHEREAS,  The Council has enacted a Drug Free Zone Ordinance, now codified at PCC Chapter 14B.20; and

WHEREAS,  PCC Chapter 14B.20 replaced the Drug Free Zone Ordinance formerly codified at PCC Chapter 14.100; and

WHEREAS,  Richard Blechschmidt was issued an exclusion from a drug free zone under the provisions of former Chapter 14.100, while that chapter was still in effect; and

WHEREAS,  After the period of his exclusion had lapsed, and when the exclusion no longer was in effect, Richard Blechschmidt filed an action in the Circuit Court for Mutlnomah County challenging the constitutionality of former PCC Chapter 14.100; and

WHEREAS,  Notwithstanding that the claim of Richard Blechschmidt was moot and should have been dismissed, the Circuit Court ruled on the merits that the provisions of former PCC Chapter 14.100 were unconstitutional; and

WHEREAS,  If not appealed the decision could have substantial adverse consequences for the City because there are numerous other persons who were excluded under the provisions of former PCC Chapter 14.100, who could now seek to pursue claims, and could adversely impact litigation under PCC Chapter 14B.20; and

WHEREAS,  The City Attorney has advised that there is a legitimate basis to appeal;

NOW, THEREFORE, BE IT RESOLVED that the City Attorney or his designee is authorized to commence an appeal to the Oregon Court of Appeals, and to pursue it to its conclusion in any higher court, of the preliminary injunction entered in Richard Blechschmidt v. William Shatzer and the City of Portland, Multnomah County Circuit Court No. 0108-08565, and, in furtherance or resolution of such appeal, is authorized to make any stipulation, agreement or admission as in his judgment may be in the best interest of the City.

BACKING SHEET INFORMATION

AGENDA NO. 597-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36148