RESOLUTION No. 36209

Authorize City Attorney to appeal a permanent injunction entered in Edward Gathright v. City of Portland, etc., et al., (Resolution).

WHEREAS,  The City routinely issues permits to individuals and groups for the use of City parks for events; and

WHEREAS,  Such individuals and groups who obtain permits for the use of City parks generally do so for constitutionally protected expressive purposes; and

WHEREAS,  To protect the constitutional rights of those individuals and groups who obtain permits to use City parks for constitutionally protected expressive purposes, the City generally allows such permittees to establish rules of conduct for their events and to eject unwanted persons from their events; and

WHEREAS,  The United States District Court for the District of Oregon in Edward Gathright v. City of Portland, etc., et al., United States District Court Civil No. 03-130-HA entered a permanent injunction prohibiting the City from enforcing the decisions of permit holders to eject unwanted persons unless there is probable cause to believe they have violated a valid statute, City ordinance or park regulation; and

WHEREAS,  Forcing park permittees to incorporate speech into their events against their will violates the permittees’ constitutional rights; and

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

NOW, THEREFORE, BE IT RESOLVED that the City Attorney or her designee is authorized to commence an appeal to the United States Court of Appeals for the Ninth Circuit, and to pursue it to its conclusion in any higher court, of the permanent injunction entered in Edward Gathright v. City of Portland, etc., et al., United States District Court Civil No. 03-130-HA, 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.

Mayor Katz

Harry Auerbach:ha

April 22, 2004

BACKING SHEET INFORMATION

AGENDA NO. 419-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36209