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<br />March 28, 2013
<br />Jennifer Lynelle Adams
<br />c/o Jesse Lohrke, LLC
<br />795 West 7th
<br />Eugene, OR 97402
<br />RE: Decision of the Parks and Open Space Director
<br />Jennifer Lynelle Adams, Notice of Restriction of Use
<br />Pursuant to the authority in Eugene Code (EC) 2.019 and the authority delegated to Kurt Corey as the
<br />Executive Director of the Public Works Department, on January 25, 2013, Kurt Corey adopted Administrative
<br />Order No. 58-13-01-F, Amendment of the City's Park and Open Space Rules and Repeal of Administrative Order
<br />No. 58-11-05-F (hereinafter referred to as "POS Rules"). POS Rules Section R-1.005(3)(a) states:
<br />(3) Notice of Restriction of Use.
<br />(a) The City may, in its discretion, notify any person who engages in conduct in a park, open space,
<br />recreational facility or at a City sponsored activity that results in the person being asked to leave the
<br />park area, open space area, recreational facility, or activity, being issued a Notice of Rule Violation
<br />pursuant to subsection (1)(a)3. of this section, being arrested or cited by a police officer for any
<br />violation of park and open space rules, the Eugene Code, 1971, or state or federal law, that they are
<br />prohibited from future use of City parks, open space, or facilities, or from participation in City
<br />sponsored programs or activities, and their entry therein or thereon will constitute trespassing and
<br />that further legal action will be taken accordingly.
<br />POS Section R-1.074(1) states that any person who has received a Notice of Restriction of Use may request an
<br />informal hearing to contest the notice. Pursuant to POS Section R-1.075 (3), the informal hearing is to be held
<br />within 72 hours of receipt of the appeal. Within 72 hours of the informal hearing, the Division Director will
<br />issue a written decision affirming, modifying or canceling the notice.
<br />Brief Summary of Facts:
<br />On March 22, 2013, Officer Wright issued Jennifer Adams a citation in lieu of custody for violating POS Rules
<br />Section R-1.020 (prohibiting people from leaving personal property unattended) for an incident that occurred
<br />th
<br />at East 8 Avenue and West Park (Downtown Park Blocks). In addition to the citation, Officer Wright issued
<br />Ms. Adams a Notice of Restriction of Use, prohibiting Ms. Adams from entering in or using all City of Eugene
<br />parks, open spaces or facilities until April 22, 2013. The stated basis for issuance of the Notice is a violation of
<br />Park Rule 1.020. On March 26, 2013, Ms. Adams appealed the Notice in writing via her attorney, Mr. Lohrke,
<br />in accordance with POS Rules Section R-1.074. An informal hearing was held at 11:00 a.m. on March 28, 2013.
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<br />The appeal hearing was before Neil BjÓ§rklund, AIC Parks and Open Space Director, and was attended by
<br />Kathryn Brotherton, Deputy City Attorney, Julie Schafer, POS Administrative Assistant, Jennifer Lynelle Adams,
<br />and Jesse Lohrke, Attorney for Ms. Adams. Mr. BjÓ§rklund listened to statements from Officer Roy Wright, Ms.
<br />Adams, and Mr. Lohrke.
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