City of Portland - Measure 26-130

BALLOT TITLE

AMENDS CHARTER: DELETES OUTDATED PROVISION PROHIBITING EXHIBITION OF PERSONS, BEGGING.

QUESTION: Shall outdated Portland City Charter language referring to prohibitions on exhibition of “deformed or crippled persons” and begging be deleted?

SUMMARY: Currently, Charter Section 2-105(a)(54) states that the City may “prohibit the exhibition of deformed or crippled persons” and prohibit all persons from begging on streets or in public places. This measure deletes Section 2-105(a)(54). The terms “deformed or crippled” in the current Charter section are outdated and offensive. Further, the City does not have legal authority to prohibit all begging. Deletion of this section of the City’s specific powers will not impair the City’s general powers and authority to protect and support public health and safety, including constitutionally allowed restrictions on activities in the right of way and in public places.

EXPLANATORY STATEMENT

This measure deletes Portland City Charter Section 2-105(a)(54) which currently states that the City may “prohibit the exhibition of deformed or crippled persons” and prohibit all persons from begging on streets or in public places. The terms “deformed or crippled” are outdated and offensive. Further, the City does not have legal authority to prohibit all begging. Deletion of this section of the City’s specific powers will not impair the City’s general powers and authority to protect and support public health and safety, including constitutionally allowed restrictions on activities in the right of way and in public places.

The Charter Commission referred this measure to the voters. The City’s Charter Commission reviewed the Charter and identified parts of the Charter that the Commission determined are outdated, unenforceable or offensive, including Charter Section 2-105(a)(54). The Charter Commission recommends deletion of Section 2-105(a)(54) because the section includes outdated, offensive and unenforceable terms. This section can be deleted or amended without changing City government structure or operations.

Submitted by

James H. Van Dyke
City Attorney
City of Portland

No arguments FOR or AGAINST this measure were filed.