NEWS
B Y K E N N Y J A C O BY
THE EUGENE DOG BAN
The Shedd Institute
www.theshedd.org - 541.434.7000
Is it constitutional?
o those who feared for their safety while passing those napping pit bulls on the
sidewalks of downtown Eugene, fear no more: Dogs have been banned down-
town.
The ordinance that many decry as an effort to force homeless people out of the
area and that a lawyer argues raises “constitutional issues” over disparate treat-
ment went into effect Monday, April 10.
For the next six months, having a dog in the area between Eighth and 11th avenues and
Oak and Lincoln streets could result in a $100 fine.
Six Eugene city councilors voted for the ban with councilors Emily Semple and Betty
Taylor voting against.
Sgt. Julie Smith, who has worked for Eugene police for 20 years and patrols down-
town, says an incident last summer in which a dog walking with its owner attacked and
killed another dog and bit its owner was a “pivotal moment” in her sentiment about the
ban. And she’s received numerous complaints from downtown residents, business owners
and out-of-towners who feared for their safety due to the high concentration of dogs on
the sidewalks.
She says the ban “is not to hate all dogs and not have any dogs in the city, but it’s more
to make it a safer, friendlier downtown, where people can walk down the sidewalk and not
fear: Is the dog going to step out in front of me and I’m going to trip over the leash? Is the
dog going to lunge at me and bite me?” Smith says. “I think that citizens have the right to
be able to walk down the street and not be fearful of that.”
Of course, the ban doesn’t mean you won’t still see dogs downtown. The ban does not
apply to dogs whose owners live or have jobs in the downtown area. It also doesn’t ap-
ply to dogs in cars — just those on the sidewalks — and service dogs. Companion dogs,
however, are banned.
Additionally, if you’re headed to Food for Lane County food kitchen — an exception to
the ban area — you must walk around the boundary. You can still get a ticket for crossing
the ban area to get there.
Any dog downtown must also be “license-eligible” — meaning it is at least six months
old or has permanent canine teeth, whichever comes first — and the owner must hold
the license. This applies to dogs anywhere in the city, not just downtown. If your dog is
license-eligible, you must register it with the city within five days. Licenses cost between
$12 and $42 for the year.
If you live or work down-
town, your city dog license
should include your down-
town residential address. If it
doesn’t, be prepared to show
ID with the address. Smith
said a property owner listing
can verify that you own a busi-
— SUE SIERRALUPE
ness downtown, but the city is
still figuring out a way to con-
firm downtown employment.
If you have a service dog — meaning the dog is trained to perform a specific task re-
lated to the owner’s disability, as opposed to a companion dog whose presence provides
emotional support — police can lawfully ask you what task or function the dog provides
to show that it is indeed a service dog. But Smith says even having a service dog doesn’t
permit you to sit on the sidewalk for extended periods of time.
“If the person just wants to sit on the sidewalk, that’s not really a lawful reason that the
service animal is providing them,” she said.
Washington state-based animal attorney Adam Karp says “If the city wants to ban folks
from sitting on the sidewalk eight hours a day, then just pass such a narrow, less restrictive
ordinance.”
Karp says the ordinance raises constitutional issues, such as equal protection and dis-
parate treatment targeting the homeless and impairing freedom of movement, and moral
issues of classism. He says the city should instead focus on dog behavior and questions
why the council believes it cannot adequately regulate dangerous dogs using existing state
and local laws.
“Dogs tend to be more well-behaved than their owners, and I sense the city has used the
dogs as a proxy for removing aggressive panhandlers,” Karp says.
Occupy Medical clinic manager Sue Sierralupe strongly opposes the ban, saying it is
yet another measure the city is taking to criminalize homelessness. “We need more justice
as a society, but not justice based on classism,” she says.
Former City Councilor George Poling, who voted for the ban, says although state and
local laws do exist to regulate dangerous dogs, the high concentration of both people and
dogs in the downtown area is the reason the city council decided to move forward with
the pilot program.
“Just like anything, you’ve got to try it,” Poling says. “And if it doesn’t work, you
move on.”
T
2017 Vocal Arts Festival
Honey Whiskey Trio
Friday, April 14
(Apr 13 workshop, Apr 15 vocal arts summit)
Divisi - UO Gospel Singers
Mind The Gap
Euphonics - Sforzando
Honey Whiskey Trio
2017 Vocal Arts Festival
A Night of Vocal Arts
Saturday, April 15
‘ We need more justice
as a society, but not jus-
tice based on classism.’
April 20
Väsen
The Shedd Community Music School
Music classes & private lessons: 541.434.7015 / registrar@theshedd.net
eugeneweekly.com • A pril 13, 2017
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