A Big Stick for Unrulies

Unruly Gatherings

This refers to the NEW ordinance that came before the city council last week (1/7).

The Lake Oswego Review published a good article on the subject - excerpts below:

“That list, with only having two of those, five people and alcoholic beverages, sure makes it seem like a lot of stuff would qualify as an unruly gathering,” Councilor Jon Gustafson said, noting that, based on the proposed definition, “I have a feeling I’ve probably hosted a few.”

Councilor Lauren Hughes agreed.

“I may also have hosted a few of these,” she said. “Joking aside, it is a very broad ordinance that could have some very significant unintended consequences in terms of impact on our citizens just for socializing. 

Resident Janine Dunphy testified against any new rules in Lake Oswego. She opposed the idea that citizens needed more education on the ordinance or the issues it aimed to address.

“If there are people living in this town that do not know it is not proper to serve alcohol to minors or that it is illegal to assault your neighbor or harass them, no amount of education is going to help,” Dunphy said. “I personally don’t believe we’re living in a community where that type of behavior is rampant.”

Also from the LOR article:

"Officials developed the draft rules in response to a request from the Oregon Health Authority in Clackamas County, county drug abuse prevention group and county police chiefs association."

This same ordinance, with some slight variations are popping up all over the country.  Google search:  unruly behavior ordinance.  A lot of towns are college towns (Eugene, OR) but some are not (Sandy, OR).  Examples:  Tempe, San Luis Obispo, Tucson, Newport Beach, Palmer, Bozeman, Minneapolis, La Mattia, etc.  

While Newport Beach has differences in their unruly gathering code, this letter writer from Newport Beach has an important point about liberty.  While ostensibly directed at parties for teens and young adults, this net catches everyone.  If it is a public education tool, this is not a good one.  If this is intended to prevent parties where underage drinking goes on, it will fail.  Young people are blessed with the ability to evade adult and societal sanctions and test any limits set forth.  They are VERY good at doing what they want without parental knowledge or support.  

(Newport Beach, The Daily Pilot, May, 2011 Letter to the Editor).  "...But if you approve this ordinance, Newport Beach will ultimately be deterring a very small group of people who wish to either host, or participate in, "loud and unruly gatherings," compared with the amount of people whose rights will be infringed upon by an ordinance that gives officers even more power based almost solely on discretion alone."

There are serious constitutional issues involved in these kinds of laws.  The attempt by government to perfect their ability to control human behavior so that all crime and disturbance be avoided can only bring us a totalitarian state.  These kinds of ordinances have done nothing to quell partiers across the country, and constitutional challenges abound surrounding their misuse.  

Lake Oswego already has ordinances against the behavior listed in the proposed law.  This is enough to take care of "unruly behavior.". It sounds like a parent looking for a bigger stick to punish an unruly child, but that punishment will have little or no effect on the neighbor's kids. Ditch this ordinance and keep what we have.  Educate at the schools and with join with parents, but get rid of the big stick approach - it only makes people angry at the system that uses it.  

As far as landlords, they are specifically PROHIBITED from discriminating against who rents from them, their age (if over 18), and involvement in their personal behavior.  If criminal activity is known, it is in their best interest to get rid of the offending tenant as quickly as the law allows.  Other disturbing behaviors are covered in rental agreements.  A landlord cannot and should not police his or her tenants on a daily basis, and problems can occur regardless, and then their neighbors call the police - and the same laws that are used against everyone else apply to citizens living in multifamily housing. 

ORDINANCE NO. 2632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE LAKE OSWEGO CODE TO ADD ARTICLE 34.23 RELATING TO UNRULY GATHERINGS 

See the full report and proposed ordinance from the Chief of Police. 

ARTICLE 34.23 UNRULY GATHERINGS

34.23.010 Purpose
The purpose of this Article 34.23 is to prevent the disruption of the peace of the residents of the City of Lake Oswego, the danger posed to person attending unruly gatherings and other persons in the vicinity, the detraction from the livability of neighborhoods and the devaluation of nearby properties. 

Unruly Gathering. A party or gathering of more than five persons where alcoholic liquor is served or consumed, and where any two or more of the following behaviors occur on the property where the gathering takes place or on adjacent property:  (Abbreviated: see ORS and LOC for full definition.)

 a. Any violation of state or city of Lake Oswego laws or ordinances relating to the sale, service, possession or consumption of alcoholic liquor;  b. Assault;  c. Menacing;  d. Harassment;  e. Intimidation;  f: Disorderly conduct;  g. Noise violations;  h. Public urination or defecation;  i. Offensive littering.

 34.23.050 Owning Property Where Multiple Unruly Gatherings Occur.

1. It is unlawful for any person to be an owner of property where an unruly gathering occurs more than three times in a twelve-month period. Violation of this subsection shall be punishable by a fine not to exceed $1,000. In addition, the owner shall pay an enforcement fee to the City in the amount of the response costs for the fourth and any subsequent occurrence that occurs within a twelve-month period of three other occurrences at the same property.