Oregon daily emerald. (Eugene, Or.) 1920-2012, May 06, 1980, Image 1

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    erald
We’ve shrunk
Due to a massive case of gas
on the part of our computer
(and not a bottle of Di-Gel in
sight), we were forced to
shrink this issue from a
12-pager to an 8.
Vol. 81, No. 13/g
Eugene, Oregon 97403
Tuesday, May 6, 1980
Name
that
beast!
One of the more bizarre
displays at the ASUO’s
Street Faire was a booth
featuring a menagerie of
unnamed and unidentifia
ble beasts. The creations,
sewn by their owner
Celeste, are for sale until
Wednesday as part of the
Student University Rela
tions Council’s Duck
Week. The Street Faire,
located on the blocked off
portion of 13th Avenue,
offers an array of hand
crafted items and exotic
foods.
Photo by Keith Allen
Council revises trespass ordinance
By TAMARA SWENSON
Of the Emerald
The Eugene City Council ap
proved revisions in the trespass
ordinance Monday evening to
encourage free speech in
private shopping malls.
With more than 100 people in
attendance, the council voted
4-2, with Brian Obie and Betty
Smith dissenting, in favor of the
revisions that will ‘‘create an
incentive to erect a free speech
area (in shopping malls)," said
City Attorney Stan Long.
The ordinance does not
require that mall owners comply
with the free speech requir
ement or change the state law in
any way, Long said. "This is a
choice kind of circumstance. If
the property owner wants to
have the protection of the (city)
code they can provide a free
speech area.
‘‘It does not require free
speech areas nor does it require
anyone to permit it. This (the
revisions) does include an
element of choice as well as an
element of incentive.”
But the ordinance, despite
being a “matter of choice,” will
probably face a variety of legal
battles, Long said. "There are
definitely points which will be
questioned.”
Under the ordinance revi
sions, anyone prosecuted for
trespass under the Eugene
code may claim as a defense
being in a shopping center mall,
obeying posted regulations if
the mall includes a free speech
area or citing the malls lack of a
free speech area and dissemin
ating non-commercial informa
tion with mechanical amplifica
tion.
The ordinance defines a
shopping center mall as an
“enclosed area of greater than
10,000 square feet” of common
access serving more than five
commercial businesses. A free
speech area is designated as 1
percent of the gross floor area
of the shopping center mall as
designated by the mall owners.
Non-commercial information is
defined as not advocating or
soliciting the purchase or sale
of goods or services.
The ordinance stems from an
incident at Valley River Center
more than a year ago in which
Cynthia Kokis was arrested for
trespassing after refusing to
move a display advocating the
boycott of Nestle’s products.
After the incident, the council
passed a resolution supporting
“whatever measures are
necessary" to guarantee
freedom of speech in privately
owned shopping malls.
The shopping center mall has
replaced the town commons
and the general store as the
place people gather, said coun
cil member Gretchen Miller.
"Mall areas are functionally the
equivalent of the downtown
area and should be treated as
such.”
Supporters of the ordinance
revisions also acquainted the
privately owned mall of today
with the town commons and
general store. ' Historically
market places have allowed the
exchange of ideas,” said John
Sheridan. "The practice should
be continued and should not be
subverted by the current stan
dard of private mall."
There needs to be a separa
tion between public and private
property, said Richard Hansen,
manager of Valley River Center.
"We are a privately owned piece
of property. You’re (the council)
asking us to forego our consti
tutional rights."
There needs to be a balance
between the First and Sixth
Amendments, councilor Jack
Delay said "We need to resolve
encroachment of First Amend
ment rights. We re not going to
use public resources to limit
constitutional freedom."
"This ordinance does
something overtly which we are
not allowed to do directly,” said
councilor Brian Obie, who voted
against the revisions. "This
council should not try to do this
(require free speech areas in
public places) by circumvent
ing today’s Constitution."
Mayor Gus Keller has 10 days
to veto the ordinance. If ap
proved by Keller, the ordinance
will take effect immediately.
The council voted 6-0 to
recommend that the city staff
draw up a no-smoking ordin
ance. The proposed ordinance
would limit smoking to desig
nated areas, requiring busin
esses to provide smoke free en
vironments for employees and
the public
Oregon Sen. Mark Hatfield threa
tens to filibuster the draft registration
bill in Congress to prevent it from
passing and being sent to Pres.
Carter. See Page 3.
British commandos stormed the
Iranian embassy in London and freed
the hostages being held at gunpoint
by militant Iranian gunmen. See
Page 4.
Should Oregon take an oppor
tunity to get in the business of fin
ancing renewable energy projects?
Oregonians for Utility Reform think
they should. See Page 5.