Adams Notice of Restriction of Use Decision

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At the appeal hearing Officer Wright read from his official report on the March 22, 2013 incident with Ms. Adams. He stated that on the date of the incident he came upon several bags of unattended items at the Downtown Park Blocks that no one was near. Officer Wright asked several people nearby who the items belonged to. A female park patron said she knew who they belonged to and notified Ms. Adams. Ms. Adams returned to her items and was informed that she was in violation of park rules. Ms. Adams said that she had left the items in the care of her friends when she stepped away. Officer Wright told her she needed to keep her property on her person while in the park and reminded her that she had heard him give this warning to other people in the past. Mr. Lohrke asked Ms. Adams to give her account of the incident. Ms. Adams stated that she believes she was wrongfully ticketed. She stated that she was hanging out at the Park Blocks when she got up to talk to a friend across the block, and she asked another friend to watch her belongings while she went over to visit. She stated that she was away from her belongings for about five minutes before Officer Wright and another officer arrived. She asked Officer Wright if there was a problem and he told her that yes, her belongings were blocking bench access for other users of the park. She indicted that she was unable to read the sign with the park rules on it due to issues with her vision. She also indicated that she does not listen to police officers when they explain rules to other people, and that she does not get involved until after someone has a conversation with an officer. Mr. Lorhke closed Ms. Adams’ portion of the hearing by asking that Mr. Björklund consider withdrawing the park restriction, and allow Ms. Adams to consider this experience as a lesson learned. Officer Wright offered to provide Mr. Björklund with video footage and/or still images of Ms. Adams’ belongings as Officer Wright encountered them on March 22, 2013. Later that same day, Officer Wright sent three photographs via e-mail to Mr. Björklund and they were also forwarded to Mr. Lorhke. Decision: It is uncontested that on March 22, 2013, Ms. Adams was cited for leaving personal property unattended in the Downtown Park Blocks. Pursuant to POS Rules R-1.005(3)(a), because Ms. Adams engaged in conduct in a park that resulted in her being cited by a police officer for violating the City’s adopted Park Rules, Officer Wright had the authority to issue Ms. Adams a Notice of Restriction of Use. As issued, the Notice prohibits Ms. Adams from entering or using all City of Eugene parks, open spaces or facilities until April 22, 2013. Based on the testimony provided at the appeal hearing and the stated basis for the Notice, I hereby MODIFY the scope and duration of the Notice to prohibit Ms. Adams from entering or using the Downtown Park Blocks until April 8, 2013. Neil Björklund AIC Director, Eugene Parks and Open Space Division Cc: Jesse Lohrke, LLC Officer Wright, EPD Kathryn Brotherton, CAO