Bill eyed to repeal statutes, allow towns to combat public drinking
From our weekly issue dated February 18, 2009
Emboldened and without fear of legal repercussions, street drinkers Jeremy Beck (left) and Crystal Costa express their brazen contempt for the law. (Illinois Valley News photo)
While Cave Junction officials remain frustrated due to their inability to pass an ordinance prohibiting drinking in public, efforts are being made at the state level to remedy the situation.
During the Cave Junction City Council’s Monday, Feb. 9 meeting, City Attorney Pat Kelly said that a proposed ordinance against public drinking was inconsistent with Oregon Revised Statute (ORS) 430.325. It states that political subdivisions in Oregon are prohibited from adopting or enforcing laws against public intoxication, public drinking, drunk and disorderly conduct, vagrancy or being under the influence of controlled substances.
However, Rep. Ron Maurer (R-Grants Pass) and Rep. Dennis Richardson (R-Central Point) are sponsoring House Bill 2522 in response to the problems facing Cave Junction and other small towns.
HB 2522 simply repeals ORS 430.325. Maurer said that the bill was inspired by conversations he had with Cave Junction City Recorder Jim Polk and Josephine County Sheriff Gil Gilbertson regarding issues involving the current law.
“We have a problem and we need to address it,” Maurer said. “It’s something that needs to be reined in, especially when there is a public safety problem or a public health problem.”
Richardson said that he was contacted by Maurer about HB 2522, and agreed to sponsor it.
“We discussed the situation that exists in small towns in our districts, and felt we needed to give the tools to local law enforcement to keep the peace,” Richardson said. “I feel it’s important for local governments to have the tools to meet local needs.”
HB 2522 had its first reading on Tuesday, Feb. 3 and was referred to the House Judiciary Committee on Thursday, Feb. 5.
The chairman of that committee, Rep. Jeff Barker (D-Aloha), is a former police officer with the city of Portland. Barker said that he has not spoken to Maurer or Richardson about the bill, but that, “We will probably at least have a hearing on it.
“When they originally changed the law about drinking in public in Oregon, they wanted a state system that was consistent throughout,” Barker said. “I don’t know if this will upset that.”
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In his days as a police officer, Barker said that intoxicated persons were taken to a detoxification center instead of jail.
“A lot of times, judges would use it as a sobering station,” Barker said. “Sometimes they would make someone who was sick, sober up for 30 days.”
However, Barker acknowledges that smaller cities don’t have the ability to provide detox facilities, and said he’s willing to work toward finding a solution.
“If people are having a problem, it’s something that needs to be looked at,” Barker said. “I’d sure be glad to look at it from a smaller town perspective and see if we can’t do something to make Oregon better for everybody.”
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