HomeMy WebLinkAbout09-17-2013 Human Rights Commission-�H HTS
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COMMISSION
50 Years of Advancing Equality 7963-2073
AGENDA
CITY OF IOWA CITY HUMAN RIGHTS COMMISSION
HELLING CONFERENCE ROOM, CITY HALL
September 17, 2013
6:00 P.M.
I . Call Meeting to Order/ Roll Call
2. Approval of Minutes from the meeting of August 20, 2013
3. Public Comment of Items Not on the Agenda
4. New Business:
a. Proposed Amendment Personal Property in the Downtown
5. Old Business:
a. Cultural Diversity Day (September 29)
b. Iowa Women's Music Festival (September 28)
c. Human Rights Breakfast (October 24)
i. Subcommittee (Planning)
ii. Subcommittee (Nominations)
d. Proclamations
6. Updates/Reports:
a. Conference on Racial Justice & Disproportionate Minority Incarceration (October 17)
b. Education Subcommittee
c. Immigrant Subcommittee
d. Building Communities Subcommittee
e. University of Iowa Center for Human Rights
f. Commission
g. Staff
7. Set Next Regular Meeting for October 15, 2013 at 6 p.m.
8. Adjourn
The Iowa City Human Rights Commission meetings follow the Iowa City Community School District
closings for inclement weather except for early dismissals for heat.
Minutes
Human Rights Commission
August 20, 2013 — 6 P.M.
Helling Conference Room
I Ij 'IT W IF VL A -1-1 MY
Members Present: Harry Olmstead, Orville Townsend Sr., Diane Finnerty, Kim Hanrahan,
Jewell Amos, Joe Coulter, Shams Ghoneim.
Staff Present: Stefanie Bowers.
Others Present: Jeff Edberg, Patty Quintero Rodriguez, LaTasha Massey,
Recommendations to Council: No.
Call to Order:
Chair Townsend called the meeting to order at 18:00.
Consideration of the Minutes of the July 16, 2013:
Coulter moved to approve minutes, seconded by Ghoneim. Motion passed 6-0. (Finnerty not present)
Public Comment of Items Not on the Agenda:
LaTasha Massey discussed her work in the community and also an upcoming event being held on August
28'h at Uptown Bills to commemorate the 5 01h Anniversary of the March on Washington.
New Business:
Human Rights Breakfast
Members of the public and the Commission spoke on the possibility of changing the
Business/Community Award to the Bill Reagan Community Award. Motion Ghoneim, seconded by
Olmstead. Motion passed 6-0. (Finnerty not present). Bowers will prepare and send a letter for Bill's
family and The Arc of Southeast Iowa.
The subcommittee will be Orville, Diane, Kim and Harry. Townsend suggested contacting Diane Penny
for information that may assist in planning the breakfast. Ghoneim will contact the Press Citizen to see if
they have any archives related to the Commission. Bowers will send out a press release requesting past
Commissioners with any photos or information on past events to contact the office.
Cultural Diversity Day
This year the event is being held in the fall over homecoming weekend. Commissioners voted to
participate in the event. Amos and Hanrahan will cover from 12-2 pm. Commissioners will decide at the
next meeting how to staff the rest of the time.
Iowa Women's Music Festival
The Commission will make a monetary donation in the amount of $25 for this event. Motion Ghoneim,
seconded Coulter. Motion passed 7-0.
Annual Report (Draft) FY 13
With one repetitive sentence removed, Olmstead moved, Coulter seconded. Motion passed 7-0.
Coalition for Racial Justice Report
Bowers will prepare a letter to the Coalition for Racial Justice thanking them for their hard work and time
on the report.
Proclamations
Bowers will submit a proclamation to the Mayor for Hispanic Heritage Month. At the meeting in
September, Commissioners can select who will accept it, if the Mayor chooses to read it.
Updates & Reports:
Conference on Racial Justice & Disproportionate Minority Incarceration
Ghoneirn updated the Commission on the tentative agenda of the conference scheduled for October 17.
The conference will be held in the Lindquist Center from 10 am — 3 prn. So far former State
Representative Wayne Ford, ACLU President Ben Stone and Professor of Law Adrien Wing are
scheduled to speak at the conference.
ADAAA Training
The program was well attended. The program was recorded and streams on the City Cable website and
replays on City Channel 4.
SEATS
Olmstead reported that beginning January 1, 2014 Sunday and half fare services will be eliminated.
Education Subcommittee
The subcommittee will meet with the Governance & Policy representatives of the school board.
Immigrant Subcommittee
The need for this to be a continual agenda item will be discussed at the meeting in September.
In the meantime, Hanrahan will write out a brief summary on the history of the subcommittee to present
to the Commission at the September meeting.
Building Communities
Townsend reported that the group is looking at housing issues here in Iowa City.
University of Iowa Center for Human Rights
No report.
Commission
Finnerty noted that all the Awards for the Breakfast are named after Caucasians. Bowers will follow up
with the full title of the Lifetime Achievement Award.
Staff
No report.
Adjournment:
Motion to adjourn at. 19:34.
Next Regular Meeting — September 17, 2013 at 18:00.
Human Rights Commission
ATTENDANCE RECORD
YEAR 2012/2013
(Meetin% Date)
NAME
TERM
EXP.
9/18
/12
10/16/
12
11/20/
12
12/18/
12
1/15/
13
1/28
113
2/191
13
3/19/
13
4/16
113
5/21
/13
6/18/
13
7/16/
13
8120/
13
Diane
Finnerty
1/14/14
O/E
O/E
x
x
O/E
x
x
x
OIE
x
x
x
x
Orville
Townsend, Sr.
1/1/14
x
x
x
x
x
x
x
x
x
x
x
x
Dan Tallon
l/l/14
I
x
x
I
O/E
x
I
x
I
x
x
I
O/E
I
x
x
I
x
O/E
I
R
I
Kim
Hanrahan
111115
x
x
x
x
x
x
x
x
O/E
x
x
x
x
Shams
Ghoneim
111115
x
O/E
x
x
O/E
O/E
x
x
x
WE
x
O/E
x
Jessie Harper
111115
O/E
x
O/E
x
x
x
x
x
R
R
R
R
R
Jewell Amos
111115
-
x
x
Katie
Anthony
I/l/16
-
x
x
x
x
x
R
R
R
R
Joe D. Coulter
I/l/16
-
x
x
x
x
x
x
x
O/E
x
Harry
Olmstead
I/l/16
x
x
x
x
x
x
x
x
x
x
x
x
x
Andrea Cohen
1/1/16
O/E
Connie Goeb
1/1/13
x
x
x
x
Howard
Cowen
1/1/13
O/E
x
O/E
O/E
I
David B.
Brown
1/1/14
R
R
R
R
R
R
R
R
R
R
R
R
R
Henri Harper
1/1/14
R
R
R
R
R
R
R
R
R
R
R
R
R
KEY: X = Present
0 = Absent
O/E = AbsentfExcused
NM = No meeting
-- = No longer a member
R = Resignation
Agenda Item 4a
Prepared by: Susan Dulek, Assi. City Attorney, 410 E. Washington Street, Iowa City, [A 52240; 319-366-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER
6, ENTITLED "MISCELLANEOUS OFFENSES," TO LIMIT STORING PERSONAL
PROPERTY ON RIGHT OF WAY, TO PROHIBIT SOLICITING BY PARKING METERS
AND AT CITY PLAZA ENTRANCES, TO PROHIBIT LYING ON ELEVATED
PLANTERS, TO PROHIBIT LYING ON BENCHES DURING CERTAIN HOURS, AND TO
RESTRICT USING ELECTRICAL OUTLETS.
WHEREAS, the City has an interest in the free flow of pedestrian traffic,
WHEREAS, public sidewalks are created and maintained for the primary purposes of enabling
pedestrians to safely and effectively move about from place to place, facilitating deliveries of goods and
services, and providing potential customers with convenient access to goods and services;
WHEREAS, Ciiy Plaza is a small space that is used by thousands of people every day for a multitude
of purposes in addition to a pedestrian walkway such as entertainment (listening to Friday Night Concert
Series), commercial (eating at a sidewalk cafes), recreational (playing on the playground equipment),
leisure (reading at a bench), and political (gathering for a demonstration);
WHEREAS, because of the limited space within the City Plaza, regulating its use based on time,
place, and manner is necessary in order to ensure continued diverse and active use by the public:
WHEREAS, the purpose of right of way is not to store private property;
WHEREAS, the storage of private property on public right of way in the downtown impedes
pedestrian, bicycle, and wheelchair traffic;
WHEREAS, additionally the storage of private property on public right of way in the downtown poses
health and safety risks to City staff and the public and is not aesthetically pleasing;
WHEREAS, lying in or on the large planters in City Plaza and on the downtown sidewalks prevents
others from sitting on them and damages the vegetation;
WHEREAS, the small planters on the downtown sidewalks are not designed to be used to lie or sit
on, and when people lie and sit on them, it impedes pedestrian traffic and damages the vegetation;
WHEREAS, the demand for benches decreases by 10:00 pm, in part, because stores are closed, the
Friday and Saturday Night Concerts are over, and the Iowa City Public Library is closed;
WHEREAS, City staff begin cleaning City Plaza at 6:00 am;
WHEREAS, the existing electrical system in the downtown is inadequate to meet the needs for many
public and special event purposes; and when individuals plug chargers and other electronic devices into
the outlets, it can cause shortages that compromise public uses of the system and can create problems
for organizers of permitted events and mobile vendors who pay a fee to utilize the City's electrical
network;
WHEREAS, a confined, unwilling, and captive audience is susceptible to undue intimidation,
pressure, and harassment from solicitors;
WHEREAS, aggressive solicitation is disturbing and disruptive to citizens and businesses, contributes
to the loss of access to and enjoyment of public places and also enhances the sense of fear, intimidation
and disorder;
WHEREAS, the City has an interest in protecting persons from intimidation and harassment, an
interest in public safety, and an interest in the free flow of pedestrian traffic;
WHEREAS, this ordinance is not intended to limit any person from exercising their constitutional right
to solicit funds, picket, protest or engage in other constitutionally protected activity but rather its goal is to
protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are
unwelcome. to ensure the free flow of pedestrian traffic, and to encourage economic vitality; and
WHEREAS, Resolution No. 12-02, the City's Strategic Plan, adopted the following priority: It is the
City's goal to promote growth of the Downtown and Near Downtown areas in a manner that builds upon
the existing vibrancy of the region, serves persons of all ages and backgrounds, and compliments the
surrounding neighborhoods and University community;
WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan
and Ordinance No. 99-3900 designated the Central Business District;
WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activity and the reuse of history and architecturally significant
structures;
Ordinance No.
Page 2
WHEREAS, Resolution No. 99-353 approved the Near Southside Commercial Urban Revitalization
Plan, and Ordinance No. 94-3657 designated the Near Southside Commercial Urban Revitalization Area;
WHEREAS, the primary objective of the Near Southside Commercial Revitalization Plan is to
encourage commercial use and the reuse of historic and architecturally significant structures;
WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a
safe and inviting experience for residents and visitors and reintroducing the area as an exciting and
essential part of Iowa City; and
WHEREAS, this ordinance furthers the health, safety and welfare of the City, and it is in the best
interest of the City to adopt this ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION 1. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2,
entitled "Aggressive Solicitation," Subsection B, entitled "Illegal Activities," is amended by adding the
following new Subsections 1 h and 1 i:
h. To solicit at the north. east and west entrances to City Plaza as defined as the areas bounded by:
North Entrance
East: Building line of the northwest corner of 207 E. Washington Street extended north to
the curb
North: Curb line
West: Building line of the northeast corner of 101 S. Dubuque Street extended north to the
curb
South: City Plaza drid 131ack.H.awk Mini -Park
East Entrance
East: Curb line
North: Building line of the southeast corner of the Iowa City Public Library extended east to
the curb
West: City Plaza
South: Building line of the northeast corner of 221 E. College Street extended east to the
curb
West Entrance
East: City Plaza
North: Building line of southwest corner of 132 S. Clinton Street extended west to the curb
West: Curb line
South: Building line of northwest corner of 103 E. College Street extended west to the curb
To solicit on the following sidewalks with parking meters:
0-99 block of S. Linn Street — east side
0-99 block of S. Linn Street —west side between the alley and Iowa Avenue
100 block of S. Linn Street --east side
100 block of S. Linn Street —west side between the alley and Washington Street
0-99 block of S. Dubuque Street —west side
100 block S. Clinton Street —east side between the north property line of 18 S. Clinton Street and
Iowa Avenue
100 block E. Washington Street —north side between the east property line of 110 E. Washington
and Dubuque Street
200 block of E. Washington Street —south side
100 block of Iowa Avenue --south side
200 block of Iowa Ave nue—south side
2. Title 8, entitled "Police Regulations, Chapter 6 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," is amended by adding the following new sentence to the end of
Subsection I OA:
No person shall sit or lie on or in an elevated planter or public amenity located on the public right of
way in the downtown or on a blanket, chair, stool, or any other object placed on or in an elevated planter
or public amenity.
Ordinance No.
Page 3
3. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," is amended by deleting Paragraph le of Subsection 10A in its
entirety and substituting in lieu thereof the following new Paragraph le and by adding the following new
Paragraphs 1 g and I h:
a. A person sitting on a bench.
9. A person lying on a bench between the hours of 10:00 p.m. and 5:00 a.m.
h. A person sitting on the border of an elevated planter that is greater than 12 inches in height.
4. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," is amended by adding a new sentence to the end of subsection
A(l)(a) as follows: This exception shall not apply to the prohibition against sitting or lying in an elevated
planter.
5, Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," Is amended by adding the following new definition to
Subsection 1OC:
Public amenity means bench, table, trash receptacle, public art, bike rack, water spigot, kiosk, posting
pillar, and pergola.
6. Title 8, entitled "Police Regulations, Chapter 6 entitled "Miscellaneous Offenses," is amended by
adding the following new Section 14, entitled "Storage of Property":
A. Definitions.
(1) Downtown means the Central Business District, the Near Southside Commercial Area, and the
Northside Marketplace Area as illustrated on the map in Section 8-5-2 of this Code.
(2) Public amenity means bench, table, trash receptacle, public art, bike rack, water spigot,
kiosk, posting pillar, and pergola.
(3) Shopping cart means a basket which is mounted on wheels, or a similar device, provided by
the operator of a commercial establishment for the use of customers for the purpose of transporting
goods of any kind. A shopping cart sold typically by a commercial establishment to a retail customer,
designed for that customer's personal use, and being used by that customer to transport goods
temporarily is not a shopping cart for the purposes of this section.
(4) Store or stored means to place, store, park, display, locate or set an item on the right of way
in the downtown.
B. Tree Rings/Planters/Public Amenity. No person shall store an item of personal property on a tree
ring, on or in an elevated planter, or on or in a public amenity in the downtown. This provision shall not
apply to property on a bench that is stored for less than 2 hours in any 24-hour period and that does not
have a footprint greater than 4 square feet. Moving the unlawfully stored item to another location on
public right of way or onto another bench does not toll the 2 hour limitation.
C. Right of Way. No person shall store an item of personal property on the right of way in the
downtown. This provision shall not apply to:
(1) A person who has a permit issued by the City.
(2) An item that is stored for less than 2 hours in any 24-hour period, that does not have a
footprint greater than 4 square feet, that does not impede the flow of pedestrian traffic, and that does not
restrict access to a public amenity. Moving the unlawfully stored item to another location on public right of
way or onto a bench does not toll the 2 hour limitation,
(3) An item that is designed and being used to transport a child, such as a stroller or a bicycle
trailer.
(4) An item that is being used to transport a child. such as a wagon.
(5) A wheelchair or similar device designed for a person with disabilities that is being used by a
person who needs such a device.
(6) A bicycle parked in a bicycle rack.
D. Shopping Carts. Shopping carts are prohibited on the right of way in the downtown unless the
area of the bottom of the basket, or both baskets combined if the cart has two baskets, is less than 300
squareinches.
E. Unattended Personal Property. (1) Unattended personal property located on the right of way in
the downtown, including on a bench, may be seized, Personal property is unattended if the property
owner, or a person whom the owner has authorized to care for the property, is not within 20 feet of the
property.
(2) This provision shall not apply to the property of persons who accompany children using the
playground equipment located south of the public library or to a bicycle parked in a bicycle rack.
Ordinance No.
Page 4
(3) Except as provided herein. if property is seized, a written notice shall be left at the location of the
unattended property that will provide the owner the opportunity to reclaim the property. The reclaim
procedure shall be adopted by resolution Of the City Council. No property shall be destroyed until the
owner has been accorded notice that the property has been seized and the opportunity to reclaim the
properly pursuant to the reclaim procedure.
(4) Property, whether attended or unattended, may be seized without notice provided to the owner if
it presents an immediate threat to public health or safety, is evidence of a crime, or is contraband. Such
property may be destroyed without notice and opportunity for the owner to reclaim if the property presents
an immediate threat to Public health or safety.
E. Verbal Notification, No person shall be cited under this section unless the person engages in
conduct after having been notified by a peace officer that the conduct violates the City ordinance.
7. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is amended by
adding the following new Section 16, entitled "Electrical Outlets":
A. Except by written permission, no person shall use an electrical outlet located on the right of way in
the downtown. Downtown means the Central Business District, the Near SOUthside Commercial Area, and
the Northside Marketplace Area as illustrated on the map in Section 8-5-2 of this Code.
B. No person shall be cited under this section unless the person engages in conduct after having been
notified by a peace officer that the conduct violates the City ordinance.
SECTION 11. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
and punished by a fine of $66.00 or a Municipal infraction.
SECTION Ill. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of 12013.
MAYOR
ATTEST:
CITY CLERK
ved by
City Attorney's Office
Ordinance No.
Page —
It was moved b and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 8/20/2013
Voteforpassage: AYES: Payne, Champion, Dickens, Dobyns, Hayek, Mims.
NAYS; Throgmorton. ABSENT: None.
Second Consideration 9/03/2013
Voteforpassage: AYES: Hayek, Payne, Champion, Dickens, Dobyns,
NAYS: Mims, Tbrogmorton. ABSENT: None.
Date published
Stefanie Bowers
From: Harry Olmstead <harryo3@aoi.com>
Sent: Monday, September 09, 2013 10:44 AM
To: Stefanie Bowers
Subject: Fwd: Re: New message from Harry Olmstead
Please share with other Commissioners
HarryO
-------- Original Message --------
Subject: Re: New message from Harry Olmstead
From: James Throgmorton <ithrotzmo&yahoo.com>
To: Harry Olmstead <harryo3@aol.com>
CC:
Yes, Harry, you may share diem. There's virtually nothing in them I haven't already said publicly.
I think the Council could benefit from learning what the HRC commissioners think about this topic. I know
would.
I agree with you about the construction site. That's one of the points I make in my notes.
Jim
From: Harry Olmstead <harryo3@aol.com>
To: James Throgmorton <jthrogmo@yahoo.com>
Sent: Monday, September 9, 2013 9:43 AM
Subject: Re: New message from Harry Olmstead
Thanks Jim for your prompt response. I agree with you that the situation on the ped mall has become terrible,
but I think with all the construction going on near Washington Street has taken space away from them and
pushed them into a smaller space. I wonder if the situation may change when the construction. Is completed.
Also, May I share your notes and proposal with other Commissioners on the Human Rights Commission?
HarryO
James Tbrogmorton <ithrogmo&Yahoo.com> wrote:
Hi Harry.
See the attachment.
Jim
From: Facebook <notification+k5gqnxwr@facebookmail.com>
To: James Throgmorton <jthrogmo@yahoo.com>
Sent: Sunday, September 8, 2013 9:52 PM
Subject: New message from Harry Olmstead
Harry Olmstead 1. 1 ;, " ,�
19- Jim: I'm sorry I was unable to make your discussion today on the situation at
the ped mall with the homeless, but would like to see your notes of the
meeting.
Thanks,
Harry Olmstead
19-
Vic" Conversation on Facebook Repl� to this email to iues�a&e I iarry Olmstead.
fh is tne�sage was sent to Jthrogino.�iyahooxotn. If you don'l �vant to r�cei�e these enlui Is from
FaMiook in the ruluro. please un�ubscrilhe.
Fa�et)ook, Inc., Altenlion: Departmeni 41 i, P0 Box 10005. PoJo Alto, CA 94303
Stefanie Bowers
From: Harry Olmstead <harryo3@aol.com>
Sent: Monday, September 09, 2013 10:43 AM
To: Stefanie Bowers
Subject: Fwd: Re: New message from Harry Olmstead
Attachments: Proposed amendments to the draft ordinance, plus rationale.doc
Please share with other Commissioners.
HarryO
Original Message
Subject: Re: New message from Harry Olmstead
From: James Throgmorton <JthroRmo2yahoo.co.rn>
To: Harry Olmstead <HarrY039aol.com>
CC:
Hi Harry.
See the attachment.
Jim
From: Facebook <notification+ k5gq nxwr@facebookmail. cam>
To: James Throgmorton <jthrogmo@yahoo.com>
Sent: Sunday, September 8, 2013 9:52 PM
Subject: New message from Harry Olmstead
19--
Harry Olmstead
Jim: I'm sorry I was unable to make your discussion today on the situation at
the ped mall with the homeless, but would like to see your notes of the
meeting.
Thanks,
Harry Olmstead
View Conversation on Facebook Replytothisernail tonnessage Hart) 01nistead.
This rnessagc �Nas scin tojthrognm4,,yahoo.corn. Wyatt don't %�aot to icceivethesecinails froin
Facchook in the fluturc, p1case unsubscribe.
Facchook. Inc.. Attention: Depamnont 415. 110 Box 10005, ]'at(, Alto. CA 9430.1
Amendments to the Draft Ordinance Regulating Behavior in the
Downtown as Proposed by Jim Throgmorton on September 3, 2013
I move to amend the proposed ordinance to add four new "whereas" clauses in
order to bring other values to the fore, to modify Paragraph 6 concerning the ban
on personal possessions, and to instruct staff to draft a resolution accompanying
the ordinance.
The four new "Whereas" clauses would be:
• "WHEREAS, the City recognizes that the problems associated with
homelessness and transience (such as mental illness, drug addiction and
alcoholism) are neither unique to Iowa City nor completely within the
powers of the City to solve";
• "WHEREAS, the City is committed to treating all people with
compassion, respect, dignity and justice"; and
• "WHEREAS, the City recognizes that public spaces are sites of
interaction between people with differing values and differing standards of
proper dress and behavior";
• "WHEREAS, the City has an interest in achieving voluntary compliance
with the provisions of this ordinance and achieving such com liance
through a 'serve and protect' community policing approach."F
• Amend Paragraph 6 by adding a new paragraph 6 E: "The prohibitions
described above shall not go into effect until the City or some other
authorized entity provides one or more alternative locations for the safe,
secure, and accessible location for the temporary storage of personal
possessions."
I also move that we instruct staff to draft a resolution accompanying the
ordinance, which would express the Council's intent to strengthen the Johnson
County Local Homeless Coordinating Council .2
' As Officer David Schwindt is quoted as saying in the Sep 3 edition of the Press -Citizen, "You can do a
lot of bridge building with a pair of fresh, clean socks." This perfectly illustrates what is meant by a "serve
and protect" approach, and I have nothing but praise for him, and for Chief Hargadine for having assigned
Officer Schwindt to that beat.
2 Crissy Canganelli (Director of Shelter House) tells me the Local Homeless Coordinating Council has
spent the last year moving the group from one that simply shared information to one focused on goals and
strategies. To this end, the LHCC completed a strategic plan this past winter. Just last month, the LHCC
succeeded in securing funding for a part-time position from the Housing Trust Fund of Johnson County to
provide for staff suppon for the LHCC for the next 18 months. The primary focus of the position will be
the Housing FirstfFUSE [Frequent User System Engagement] initiative. They will be moving forward with
the search and hiring process later this month.
Throgmorton's Notes for Peace and Justice Event
Trinity Episcopal Church
September 8, 2013
Background of the Proposed Ordinance
An August 15, 2013 memo from Asst. City Manager Geoff Frain to City Manager
Tom Markus describes the proposed ordinance and presents the city staff s
rationale for proposing it.
Frain's memo refers to "a growing number of complaints about behaviors in the
downtown, especially in the Dubuque Street and Washington Street entrance to
the Ped Mall." It reports that complaints highlight "aggressive behaviors, loud and
vulgar language, storage of personal property in public spaces, smoking, littering,
aggressive panhandling, and obstruction of public walkways and public amenities
(e.g., benches and planters) in a manner than prohibits use and enjoyment by
others." [The Whereas clauses of the draft ordinance explicitly refer to a "sense of
fear, intimidation, and disorder."] It also states, "Both the City and the ICDD
[Downtown District] feel that we have exhausted non -regulatory approaches to
this issue and thus now need to consider ordinance modifications aimed at
mitigating the behaviors..." Frain's memo further reports that the City and the
District have researched approaches taken in similar communities and that Staff
has worked with the City Attorney to make sure that legal issues are being
addressed appropriately. "The City Code has several existing provisions that have
been created over the years to help ensure that our public spaces can be utilized
and enjoyed by all persons..." including "restricting sifting or lying on sidewalks,
and the prohibition of 'aggressive' panhandling."
Prior steps taken by the Council include its adoption in 2008 of a series of
constraints on where people can solicit, lie or sit on sidewalks, or smoke, and to
increase the fine for littering on the Ped Mall. In 2010 the Council constrained
even further where people can smoke or solicit. (See attached summary and map.)
And earlier this year, the Library Board voted to ban sleeping in the Library.
As summarized by Geoff Frain, the proposed ordinance would regulate certain
activities on the Ped Mall and on the downtown sidewalks. It would limit the
storage of personal gropei1y, prohibit lying on benches (except from 10 pm to 5
arn) and on planters, and prohibit soliciting near parking meters and at City Plaza
entrances. It would also restrict the use of electrical outlets to those who have
obtained written permissio . No citations would be issued until the offending
person has been notified by a peace officer that the action violates city ordinances.
Frain also reports that the Police Department is working to create a diversion
program, which would enable some offenders to conduct community service in
lieu of paying the proposed $65 fine.
My Rationale for Amending the Proposed Ordinance
Everyone I have spoken with agrees that the situation has grown more troubling
over the past six months or more, and that something needs to be done about it.
From that point on, people disagree. Some people think the downtown has
become more dirty and dangerous, and they warn other people not to go there.
Others think the proposed ordinance is just another step toward sanitizing the Ped
Mall area through police enforcement, and that prior Council actions have (when
coupled with the construction currently underway) contributed to the worsening
situation.
I am persuaded that the situation needs attention, but I am not persuaded that the
proposed ordinance will improve things.
I expressed my concerns and values during the August 20 and September 3 formal
meetings of the City Council. What follows is a synthesis of what I said on those
nights.
We should deal with the situation in a thoughtful and compassionate way.
The people of concern are fellow human beings and part of the Iowa City
community. Although many of them are experiencing very difficult personal
challenges, they have as much right to the city as any other resident. We need
to deal with the situation in a thoughtful and compassionate way, as Reverend
Michael Langer said during the August 20 public hearing, with justice, mercy,
and dignity,
We should clearly define the problem we are trying to solve. Five or six
months ago the Council invited Crissy Canganelli and two other people to
speak during a work session about the problem of homelessness in our city.
They gave us a very enlightening presentation, but we have done nothing in
response. I think what we are confronting now is an acute, spatially -specific,
manifestation of the problem of homelessness, transciency, and associated ills
(such as mental illness, drug addiction and alcoholism). Although this larger
problem is neither unique to Iowa City nor completely within the powers of
the City to solve, there are many useful steps we could take to address it.
Conseciuently, if the Council adopts the proposed ordinance, it shoul
simultaneously promote and support a better community -wide response to the
underlying problem.
When deciding how to address the problem, we should be clear about
what we value. The draft ordinance before us contains 23 "whereas" clauses,
all of which basically indicate that we value having traffic flow freely; we
value having a downtown that is attractive, vibrant and economically
rewarding for downtown businesses; and we value shoppers and visitors
feeling safe when they come downtown. These are important values, which I
share. But none of the clauses say anything about valuing the "offending"
individuals themselves, or valuing the fact that public spaces inherently
provide opportunities for the diverse people of Iowa City to encounter one
another, often in ways that make some people feel uncomfortable. This is an
essential aspect of public space. It is a place where one is likely to encounter
strangers who might not share one's values, history, or perspective. We should
emi)hasize that we value the individuals involved, and that we value the public
character of public space.
Before adopting new regulations, we should assess the effectiveness of
existing ones. Will the proposed ordinance deal with the acute situation
satisfactorily? The Council has already adopted several related ordinances
over the past five years, As shown in the attachment, the resulting map of
prohibited behaviors is so complex it cannot be fully or clearly drawn. Before
we adopt a new ordinance, we should evaluate the effectiveness of the
existing code and carefully assess what will be izained by regulating behavior
further.
There needs to be more objective evidence that the situation has become
dangerous. I recognize that many people, myself included, often feel
uncomfortable when they walk past certain people downtown. I also recognize
that some people think downtown is dirty and dangerous, partly because of the
presence of this cluster of people, some of whom are homeless. However, the
fact that some of us feel uncomfortable does not mean that specific people in
this specific location are dangerous. We should be careM to distinguis
between behavior that makes some of us feel uncomfortable and behavior that
is dangerous. Only anecdotal evidence of danger has been presented thus far.
We should require better evidence.
Prohibiting certain behaviors on the Ped Mall will simply shift them to
some other part of the city. The proposed ordinance basically defines the
problem in terms of offensive and occasionally dangerous behaviors at the
northern edge of the Ped Mall. It is highly unlikely that prohibiting those
behaviors on the Ped Mall will eliminate them. More likely, it will simply
shift them to some other part of the city. What will the Council do if and when
"offendina behaviors" occur in those locations?
Completion of the construction project will alleviate the situation,
perhaps greatly. The proposed ordinance and background information refers
to disorder, chaos and congestion. It seems to me that some of this is caused
by the staging area for the new building. Moreover, the construction has made
the space unappealing for other people who used to frequently visit it. If true,
this suggests that the spatially specific aspects of the problem are likely to
become much less acute once the staging area is available to downtown users.
This might eliminate the need for any new ordinance, or at least open up an
opportunity to clarify and simplify the code after the new ordinance is
adopted.
If we adopt new regulations on behavior, we should rely heavily on a
community policing approach to enforcement. Everyone I have spoken
with has praised the work of Officer David Schwindt, who was recently
assigned to the new downtown beat. Officer Schwindt's gpproach to
enforcement verfectly exemplifies the "serve and protect" features of
community policin .
The decision -making process has been flawed. Lastly, there has been a
significant flaw —a democracy deficit —in the process by which the ordinance
has been proposed and discussed. Geoff Fruin's memo consistently states that
"the City" thought this and did that, but the City Council was not involved in
the actions his memo refers to. Instead, City staff presented the draft
ordinance to the Council after lengthy discussions with the Downtown District
and downtown business owners, but without prior discussion with the Council
during a work session. Consequently, at least some of the Council members,
and certainly the broader public, did not know new regulations were going to
be proposed until just a few days before the public hearing and first vote on
the ordinance. Moreover, the public hearing conducted on August 20 took
place so late in the evening that many people who intended to speak left had
to leave before the Agenda item came up. The public is left with little choice
but to react either for or against the proposal.
Suggested Courses of Action
I have invited a fellow Council member to propose some "non -substantive"
amendments at our formal meeting on September 17. If submitted, these
amendments might include the four new WHEREAS clauses I originally
proposed, plus the following smaller changes:
• Delete from the 7th whereas clause the words "and is not aesthetically
pleasing";
• Change the 8h whereas clause to read: "WHEREAS, lying in the large
planters in City Plaza damages the vegetation;"
• Delete the 9th whereas clause;
• Amend the 12 th whereas clause to add the word "currently" between the
words "is inadequate";
• Delete the 13'h whereas clause;
• Amend the 14'h whereas clause to read, "and make some people feel
intimidated and fearful";
• Amend the 16 th whereas clause to eliminate the words "but rather" through
"economic vitality";
• Amend the 17 th whereas clause to change "compliments" to
"complements."
Once the Council has adopted the ordinance, with or without amendments, I
intend to propose a new ordinance changing the one just adopted. The proposed
new ordinance would include the modification to Paragraph 6 about personal
possessions and storage space.
I will also seek Council support for directing the staff to work with the Johnson
County Local Homeless Coordinating Council (LHCC) to develop a more
comprehensive, better coordinated, and better staffed approach to the problem of
homelessness and associated ills in Iowa City. This would include assisting the
LHCC in exploring a "Housing First" option for "service resistanf' homeless
people in Iowa City.
A Brief Summary of Actions the City Council Has Already Taken
to Regulate Behavior on the Ped Mall and Nearby Areas
Rules adopted in 2008:
1. Solicitation: Prohibited aggressive solicitation and solicitation in limited areas and
at certain times (10 feet of sidewalk cafd, 10 feet of an entrance or exit to a
building, 10 feet from the border of the playground equipment, 20 feet of an AT
and 10 feet of a mobile vendor). These restrictions applied to the entire downtown
area (Cl3D, Near Southside, Northside Market). Outside the downtown the
ordinance prohibited aggressive solicitation and solicitation in a manner that will
impair the orderly movement of pedestrian or vehicular traffic or otherwise create
unreasonable health and safety concerns.
2. Sitting and Lying on Sidewalks: Prohibited sitting and lying on public sidewalks
in the downtown and in Zone I of City Plaza. This ordinance included a number
of exceptions, including an exception for sitting or lying on a bench or planter.
3. Smoking: Council adopted an ordinance designating additional places not covered
by the State law to be smoke free, including the area to the east of Plaza Centre
One where the playground is and the area between the library and Linn Street
4. Littering: The fine for littering in the City Plaza was increased to $300.00. it
remained $70 in the rest of the City.
Rules adopted in 2010:
Solicitation: Amended solicitation ordinance with the following results: 1) City
Plaza - no solicitation except in Zone 3 or within 20 feet of an ATM, 10 feet of a
mobile vendor, 15 feet of a crosswalk and 15 feet of another solicitor, 2) Rest of
downtown: no solicitation within 10 feet of all buildings, 10 feet from sidewalk
caf6, 20 feet from ATM, 10 feet from mobile vendor, 15 feet of a crosswalk and
15 feet of another solicitor.
2. Smoking: Entire City Plaza designated as non-smoking except alleys.
Map Indicating Where on the Pedestrian Mall Soliciting Is Prohibited
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state law rectu[res most
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The current demographics are:
Applications Due:
I
at 5:00 p.m in the City
Clerk's Office at City Hall,
410 E. Washington Street, Iowa City
Appointments are determined by the City Council. Regularly
scheduled meetings take place on the 3rd Tuesday of each
ponth at 6 pm. Applicants must reside in lowa City and be 18
1111 years of age unless specific qualifications are stated.
Cooperate with other agencies or organizations, both public and
W private, whose purposes are not inconsistent with those of the
96 Human Rights Ordinance.
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THE HENRIETTA LACKS STORY:
A DISCUSSION ON GENDER.,
RACE & MEDICAL ETHICS
4 t
A.
Tuesday, October 7 s'. 20 7 3
7-00 - 9:00 p.m.
Iowa City Public Library
Meeting Room A IWI,
In the past, much medical research was
conducted on human subjects - especially
minorities or women and children. By
the mid to late 20th century Federal
regulations were being devloped to limit
medical research involving humans.
Guest speakers: Dr. J. Andrew Bertolatus
and Dr. Martine Dunnwald will discuss
the evolution of human subject's research.
Sponsored by the Iowa City Public Library, the Iowa City
Human Rights Commission and the University of Iowa
College of Public Health -Collegiate Diversity Committee.
In conjunction with the 2013 Iowa City Book Festival,
'CA VE THE DATE
ftoff a
Iowa Regents institutions
Disability Awareness
0
summitm
Thursday
October 17., 2013
University of Iowa
University Capitol Centre
Iowa City, Iowa
More details to follow at: disability.uiowaxdWsummit
SAVE THE DATE
Iowa Regents Institutions Disability Awareness Summit
University Capitol Centre, University of Iowa
Iowa City, Iowa
The Iowa Regents Institutions Disability Awareness Summit: Tools for Change will be
held on October 17, 2013, in the University Capitol Centre on the University of Iowa
campus, in Iowa City Iowa. Registration information will be available afterSeptember
10, 2013. For more information, please email disabilitv@uiowa.edu, or visit
http://disabilitV.uiowa.edu.
Individuals with disabilities are encouraged to attend all University of Iowa -sponsored
events. If you are a person with a disability who requires a reasonable accommodation
in order to participate in this program, please contact the Office of Equal Opportunity &
Diversity in advance: (319) 335-0705, (319) 335-0697 (TDD), disability@uiowa.edu.
WARM CLOTHING and
WINTER OUTERWEAR
17,
DISTRIBUTION
Saturday, October 19, 2013
9:00 a.m. m 12:00 Noon
3 Locations
Iowa City distribution site
The Spot
1030 Cross Park Ave., Iowa City
(between Broadway & Keokuk)
Coralville distribution site
Coralville United Methodist Church
806 - 13 Ave. Coralville
North Liberty distribution site - Children must be present.
North Liberty Community Pantry/NLFUMC
85 N Jones Blvd., North Liberty
This is a free distribution of children's clothing from pre-school
(including infants) through high school ages, along with coats,
hats, gloves, scarves, boots and other winter clothing for all ages.
Sponsored by the Consultation of Religious Communities
P.O. Box 2025, Iowa City, IA 52244
CITY OF IOWA CITY
4 10 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 3 5 6 - 5 0 00
(3 19) 356-5009 FAX
www. icgov. o rg
September 9, 2013
LaTasha Massey & Megan Schwalm, Co -Chairs
Coalition for Racial Justice
C/o First Baptist Church
500 N. Clinton Street
Iowa City, IA 52240
Dear LaTasha & Megan,
The City of Iowa City Human Rights Commission would like to take this time to thank you and
the entire Coalition for Racial Justice for the recently published Racial Equity Report. The report
is a profound and lasting contribution to our community, the impact of which will direct the future
of racial justice and equality. Thank you for your hard work and dedication.
Sincerely,
City of Iowa City Human Rights Commission
Orville Townsend, Sr. Chair
Harry Olmstead, Vice Chair
Jewell Amos
Andrea Cohen
Joe D. Coulter
Diane Finnerty
Shams Ghoneim
Kim Hanrahan
September 9, 2013
Mrs. Jane Reagan & Mrs. Stephanie Lavarone
273314 th Avenue
Moline, IL 61265-3239
Dear Mrs. Reagan & Mrs. Lavarone,
�0 �14WC-1
CITY OF IOWA CITY
4 10 East Washington Street
Iowa City, Iowa S2240-1826
(319) 3S6-5000
(319) 356-SO09 FAX
www.icgov.org
For the last 30 years, the City of Iowa City Human Rights Commission has sponsored a
Human Rights Awards Breakfast to recognize those in this community who contribute to
human rights both locally and abroad. At the Award Breakfast there are 6 Awards
conferred one is the Business/Community Award. The Business/Community Award was
established in 1984 to recognize outstanding contributions by a business to human
rights. At its August 20, 2013 meeting, the City of Iowa City Human Rights Commission
unanimously agreed to rename the Business/Comm unity Award the Bill Reagan
Community Award starting with the Awards Breakfast scheduled for October 24, 2013.
Bill's dedication to community work and service as well as his tireless work on behalf of
persons with disabilities are just but a few reasons.
In closing, we hope that this letter finds you well. Bill's ever huge presence is sorely
missed and this is simply one way for us to remember the true greatness of Bill Reagan.
If you would like complimentary tickets to attend this year's Breakfast please do not
hesitate to contact Stefanie Bowers at 319-356-5022 by October 17 th.
Sincerely,
City of Iowa City Human Rights Commission
Orville Townsend, Chair
Harry Olmstead, Vice Chair
Jewell Amos
Andrea Cohen
Joe D. Coulter
Diane Finnerty
Shams Ghoneim
Kim Hanrahan
cc: Board of Directors Arc of Southeast Iowa