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Submitted by Rick on Fri, 11/17/2006 - 4:11pm.
Update: Joel asked me to note that he isn't able to read the blog, so he is not aware of the comments that are happening on this thread.
-----Original Message----- Council Member Hyer, As a concerned citizen, I'd like to express my strong opposition to the proposed city ordinance that would place additional restrictions on the use of public space in downtown Olympia. We are presently in a period of history when many of our freedoms have been eroded by concerns that are largely unjustified. The present proposal before the council fits this pattern perfectly. Olympia is a safe and prosperous town, and therefore is not in need of further laws that determine how and where people assemble. I urge you not to support this proposal. Sincerely Rick McKinnon
------ Original message -------- Mr. McKinnon - Thanks for writing in. I am also concerned with restrictions on use of space, be it public or private space. The government necessarily restricts the use of public spaces, be they parks, airports, sidewalks, plazas, etc - for a variety of reasons. I like to see it done as little as possible - as much as necessary. That is a fine line to walk, and a balance must be struck. So WHY would we restrict the use of public space? Hazards and life safety issues seem reasonable, to an extent. Preservation of common resources, I think, is reasonable (over-camping our national parks, meadow destruction of wilderness areas - while I hate rules, we have to preserve these areas for all). Providing for specific uses, at times seems reasonable. Bike Lanes are for bikes. Roads are for cars. Trails are for hikers. Day use parks aren't for camping. All these have reasons, and seem to be reasonable restrictions on use of the pbulic space. The question then becomes - IS this ordinance update a reasonable restriction, or does it tip the balance too far? I have thought a lot about this in the past two months, as well as long before that, in a more general sense. And in this case, I think we are simply providing equity. If you stand in the middle of a bike lane, you are guilty of pdestrian interference, under the law. If you park your car in the middle of 4th avenue, you are guilty of pedestrian interference. As a society, we have a long history of maintaining SOME public spaces as throughfares for mobility, be it by foor, bike, motorcycle, car, or covered wagon. In our case, our current ordinance protects thoroughfares for all modes of transportation EXCEPT pedestrians. It seems reaosnable to me to say that a portion of our sidewalks be preserved for pedestrians, to ensure mobility in our downtown. But even if I have passed the 'reasonability' test on a restriction, I like to apply a second test before seriously considering restrictions. That's the necessity test. Is this action NECESSARY to preserve the public space for its intended use? And 90% of the time, I don't think this is necessary - but that's true of virtually all laws. This summer, however, we did begin to run into problems of folks sitting in groups across the entire wdith of a sidewalk. Even this is not necessarily enough to make me change things --- but on several occasions, when I asked politiely for folks to move so I could pass- well, I was told NO, and not very nicely a couple of times. I have heard anecdotal evidence of other problems, but this is the extent I witnessed. And when I ask politely to use the public space as it was intended, and am refused --- well, that constitutes someone 'taking' the public space for their own use. That's just not fair to the rest of us, who also want to use the public space. So at this point, I find the update to the ordinance both reasonable and necessary. If I hear compelling evidence to the contrary at the public hearing or in the next week, I will be sure to consider it through these lenses. It is what I would expect from my elected leaders, reasoned and considered decisions, so it is what I endeavor to make. Thanks again, Joe
Joe Hyer Joe, Thanks for your thoughtful response. I especially appreicate that you outlined the progression in your thinking on the issue, with details about your concerns and how you've addressed them. I have just a couple of comments: 1) I think that you'll find that the people who are downtown the most, and who use of the sidewalks very intensively, do not share your experience of being blocked or impeded. Now, you may have run into someone who was not a particularly nice person, but we can't make laws against being a jerk (unfortunately). Further, because people don't share your experience, they won't see the logic of the update to the ordinance, resulting in the perception that the change in policy is about something other than its ostensive purpose (i.e., empowering the police to harass homeless and teens). In fact, it is my fear that this change may be perceived by the police themselves as license to do just that. 2) Your bias against more laws is a wise one. I'm not sure if you saw yesterday where a student at UCLA who didn't have his university ID was tased three times for not complying quickly enough with campus police. Now, this student may have had a bad reaction to authority, but that happens and it has to be expected. If you impose new laws on use of public space, they will be enforced -- by force. And, as I mentioned, we live in a time when authority and fear are pervasive beyond all reason, and I am very concerned that the City may find itself in a situation, as a result of the opportunity for use of force that this change will afford, where someone has a bad reaction to authority that escalates out of control. Is this risk worth the benefit that no one should have to step around another person once in a great while? Sincerely, Rick
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He makes sense Rick. I can
Submitted by Norm on Fri, 11/17/2006 - 5:23pm."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
Hyer Is a *Liar* (take acception? Then prove me wrong buddy)
Submitted by bubbaz (not verified) on Fri, 11/17/2006 - 5:36pm.There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
There is nobody sitting on the sidewalks (It rains too much)
"I think we are simply providing equity.."
Submitted by bubbaz (not verified) on Fri, 11/17/2006 - 7:09pm.I don't know why a business
Submitted by The Fire Inside on Fri, 11/17/2006 - 5:38pm.I don't know why a business can't extend their authority up to 6' in front of their establishment, as this directly impacts the ability of their patrons to freely move in and out.
Think about the risks...
Submitted by Rick on Fri, 11/17/2006 - 5:43pm.On the one hand, the risk is that someone might have to step around someone else. BFD. On the other hand, I can easily see someone resisting this, and the whole thing turning into a really bad situation.
When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow
And if the behavior is
Submitted by Norm on Fri, 11/17/2006 - 5:49pm."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
Thats OK...
Submitted by bubbaz (not verified) on Fri, 11/17/2006 - 6:00pm.Let it turn into a bad situation...
It will give this town something to rally around...
CD anyone?
(notice how smoking patrons six feet in front of the establishment would still be allowed...)
Wanna ban that too Hyer?
How about *browsing* (its kind of like loitering...especially if you arent buying anything)
I know a workaround even...
We could have the homeless dress up like *browsers* (they will be hidden..)
"I don't want every break in the world. I just want justice..." Lenny Bruce
Norm,
Submitted by Rob Richards on Fri, 11/17/2006 - 6:35pm.Joe, if you are reading this, understand that the burden of proof is on you to show us that we need this ordinance. Nobody I hear from wants or needs it, and frankly, I'm not sure I believe that what you said actually happened to you. How about you go around downtown and take pictures of all of the sidewalks being blocked. Joe, you went to college back east and studied politics, I know you know that there are systemic problems with Olympia that not only lead to failing businesses, but the homelessness that the failing is blamed on. Give us real solutions, or give up your seat.
"Everybody who imitates Christ is a fake Jesus." –Alan Watts
Flickr
Submitted by bubbaz (not verified) on Fri, 11/17/2006 - 6:56pm.Hint...
(I dont have a camera..)
Norm?
"I don't want every break in the world. I just want justice..." Lenny Bruce
I need to buy one,
Submitted by Norm on Fri, 11/17/2006 - 9:15pm."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
You're right, I am going on
Submitted by Norm on Fri, 11/17/2006 - 9:14pm."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
I will play cameraman -
Submitted by OperaGirl on Fri, 11/17/2006 - 9:18pm.I will play cameraman - however I should probably buy a new memory card (*gulp* those things are so damn $$$$) because I have somehow messed it up so I can only take 9 pictures at a time or about 20 seconds of film!
"She grew on him like she was a colony of E.Coli, and he was room-temperature Canadian beef."
RIck McKinnon for position 7!
Submitted by Jade on Fri, 11/17/2006 - 9:27pm.I have never heard of anyone experiencing anything like that in downtown. Except maybe when former mayor Stan Biles told of being chased down by an aggressive panhandler making threats and screaming profanities in response to the Mayor's courteous decline to give him change, or whatever.That was four years ago, the last time these types of ordinances were on the table.
I wonder why its only city officials who seem to have these weird, freak experiences of people downtown being unreasonably rude and threatening out of absolutely nowhere? (Well, ok, city officials, and the "friends" of people who never go downtown.) And they only mention these bizarre stories after some new "downtown safety" legislation has been drafted, and they are asked to defend it. And why are there never any witnesses?
Perhaps our downtown safety problem is specific to city government? Should we maybe give them bodyguards?
Next time something like this happens to a city official, whether the issue is deliberate and forceful sidewalk obstruction or blood-thirsty panhandlers, I want to see a police report, with a confession from the perpetrator. I'm sorry, but that is the only way I'm going to buy another one of these stories from a council member.
Jade
Quote: ....so I hate to say
Submitted by Norm on Fri, 11/17/2006 - 9:30pm.If it makes you feel any better, that was my first thought also. Welcome to the world of cynicism and skepticism Jade.
"You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
I have a video camera...
Submitted by Rob Richards on Fri, 11/17/2006 - 11:08pm."Everybody who imitates Christ is a fake Jesus." –Alan Watts
Whoa, wait a minute
Submitted by OlyCop on Sat, 11/18/2006 - 8:39am.To challenge Joe Hyer on his truthfulness with no evidence of that fact is wrong. I believe you better have proof of someone lying before you call them out.
I too have seen big groups of people blocking the sidewalks downtown in the past, usually in the summer time. Also businesses have complained about individuals blocking or nearly blocking the sidewalk and impeding their store front. So it does happen. Frequently, probably not from my perspective, but a business owner's "frequently standard" is likely different from mine.
As far as an ordinance, and Rick's concerns over the use of force to enforce that ordinance, it shouldn't be a problem. If the violators of the ordinance are directed to move and they move to comply with the law, no use of force. Just like the kid in the UCLA vid, comply and no force, fail to comply and pain compliance tools will likely be used on you(although a taser isn't a pain compliance tool). It is only if the violators MAKE THE CHOICE to not comply they would get some level of force used on them. And the more they failed to comply and used resistance to further that non-compliance the use of force would go up. So I see Rick's concerns fixed by people being reasonable, and comply with the law, all laws.
As for the contention there aren't a lot of people filling the council chambers with concerns about the sidewalk issue and other issues is they have an easier way to deal with it. They just go elsewhere with their business. Protesting and writing letters, etc. takes time. Most working families don't have the time to do that. And if they have the time, why bother when the fix is real easy going to Lacey or other locations in Olympia where they just don't have to deal with the social environment in downtown Oly. If the downtown was the only place to shop, you would likely see more people coming to complain, write letters, etc.
The argument that there is no problem, why have the law. Well, if there is no problem then nothing to worry about if the law goes into place. If we use the "it rarely happens" standard in Olympia, then should we apply that to all of our laws? We "rarely" have a murder in Olympia, maybe we should get rid of that law too.
"Everyone thinks of changing the world, but no one thinks of changing himself." Leo Tolstoy.
I don't know Oly, I'm not
Submitted by Norm on Sat, 11/18/2006 - 9:24am."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
Maybe we should.
Submitted by Rob Richards on Sat, 11/18/2006 - 9:28am.This ordinance gives the police the power to target homeless people. I'm sure that it's not Joe Hyer's intent, I'm sure he cares very deeply about the least among us, but that's what they do. If you can't see that you need to step back and look at who it's going to have the biggest effect on. Would you stop and ticket a well dressed window shopper or a scruffy, unkempt person first? Not just you, but your fellow officers. What would Beckwell do? Or Evers? Or Jeter? The history of the OPD is one of some pretty aweful behavior toward people on the streets and it's getting worse. Almost everyday I hear another account of cops harrassing people. The other day a guy who was caught sleeping on private property downtown told me that the cop ticketed him for tresspassing and then made fun of him for being homeless. I am in no way attacking you personally here, I just wanted to get accross why I feel so strongly that we don't need this law.
"Everybody who imitates Christ is a fake Jesus." –Alan Watts
We know Rob. I think most of
Submitted by Norm on Sat, 11/18/2006 - 9:32am."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
I hear what you're saying. I
Submitted by Jade on Sun, 11/19/2006 - 12:13am.However, stating a suspicion as such is not equal to slandering someone. In fact, I think there is value in acknowledging when you carry some doubt about a person's honesty. I'm sure you do this in police work all the time. Its called honing your instincts. I'm not saying my intuition is always right. But my gut tells me there is something fishy about Joe's story.
I have no doubt that there was a group of people congregated on the sidewalk. As you said, this is a relatively common occurance in downtown, as it is anywhere where there is significant life. But the part that I am skeptical of is the part when they allegedly refused to let Joe pass them. This I have never seen. It sounds so sudden and really doesn't make much sense to me. I think at the very least there may be a part of the story missing.
Joe Hyer is taking action that affects me and everyone in this town based on his claims. Because of that, I think the burden of proof is on him, not me.
Jade
Stop the presses..
Submitted by bubbaz (not verified) on Sun, 11/19/2006 - 2:21am.From *my correspondence* with Councilman Hyer last night:
BZ: Is there anybody "blocking the sidewalks" right now: Yes or NO?
JH - I cannot speak for the exact moment you wrote your email, or the moment I read it, but I don't think that's your point. I can offer this- On Wednesday, I walked from my store downtown to a meeting near the Market, then to Olympic Wine Merchant on Capital Way, then to Fireside Books on Legion, then home. Over the course of the walk, I noted 12 obstructions that would fall within the scope of this ordinance. 2 were people. (so YES, people were obstructing at that moment, right then). 7 were sandiwch board signs of businesses. 3 were miscellaneous stuff placed on the sidewalk.
Here is a link to the PDF files of the ordinance (they will need to be unzipped. Look for the "Pedestrian Interference" .PDF files in the unzipped folder)
I dont want every break yada yada...
Norm
Submitted by OlyCop on Sat, 11/18/2006 - 9:50am.Distrust of elected officials is fine. Calling them a liar and not having proof is not.
Also for the record, the individuals I have seen in mass on the sidewalks haven't been the homeless.
And further, for what it's worth, the homeless generally aren't defiant when given legal direction. More of the TESC crowd, or juveniles have the 'tude.
"Everyone thinks of changing the world, but no one thinks of changing himself." Leo Tolstoy.
Joel's reply
Submitted by Rick on Sat, 11/18/2006 - 6:07pm.------ Original message -------
From: "Joe Hyer"
Rick -
And I want to thank you back for a thoughtful and civil tone - it's always the best route for discussion, but all too often, folks seem to revert to name calling and prejudgments in communications to us.
On your first point --- you're right, we can't prosecute someone for being a jerk. We can however, ensure they don't usurp the public space from everyone else. I also think you make a great point about people misunderstanding our intentions - and I think some will. Some will read more into this by choice, some because of past experiences, some because they believe already we have an ill intent towards the homeless. I can't help those biases - all I can do is try to be calm, explanatory, and do my best to explain our intentions, as well as the limits of what we are and aren't doing.
I do think, however, that a larger number of people than you think perceve this as a problem. You suggest that those who are downtown the most don't share my experiences. In all the comments I have heard in the past few months, the overwhelming majority (hard to quantify, but I would estimate 75-85%) have all agreed this is a problem - it was coming to consensus on how to deal with the problem that took time, not on agreeing on this specific problem.
I do continue to listen and learn, however, and if indeed I find most people concur thisw isn't a problem, I will rethink conclusions.
On the second - I saw the video from UCLA the day it came out. And I was appalled. There's an obvious lack of training at UCLA - by their 'security officers'. I refuse to call them 'police' as they actions would not be acceptable in any policing guidelines, particularly in ours.
Is the risk of a bad reaction to authority worth the problem we are trying to solve? Actully, that's an excellent filter by which to put these things through, and one I had not considered. It's basically a cost-benefit analysis test - and in this case, I think it is. I have witnessed our police officers in action, on ride-alongs as well as in situations when they didn't even know I was watching (the real test) and have always seen them act with the utmost care and respect for the law, and for people in general.
There are instances when our police forces across the country get black eyes because an officer does something (with a Taser, or in New orleans looting, etc etc) poorly, or with ill-intent. But to fear or characterize ALL (or even most) police because of these extreme instances --- I think that simply feeds the distrust and fear which we are all trying to fight.
Last night, I flipped over to FOX news for a laugh, and saw the strangest documentary- depicting Arab Americans burning flags in New York, in Iran, and saying hateful things about Americans. They seemed to pull the most extreme examples they could find, and put them altogether, to try and paint a picture that ALL followers of Islam are this way - and hence create or re-inforce FEAR and DISTRUST in their viewers. It was so blantantly biased I not only didn't find it funny, I found it frightening, windering fi there really are people who takes such things seriously.
They took the most extreme examples, declared them every day occurrences, and tried to create fear. While I concede there are instances of inappropriate law enforcement and police brutality - to depict them as the norm, as some choose to, simply creates a fear and distrust of the police that is in many ways as unfair as declaring all followers of Islam as enemies of America.
Our entire police force has also been trained in ways most have not - our CIT, or crisis intervention training, teaches officers how to deal with mental illness, and individuals who have a problem with authority. I don't know of another department in the country whose entire force has had such training.
I do fear for our police officers, but in another way. I often fear that they will eventually end up with a type of PTSD from having to deal with so many difficult situations, their heart wanting to help people, their sense of duty making them enforce the law. It is a reaction to this that often drives an officer to become too harsh or brutal...and I contonue to focus on, ask about, and attempt to ensure that ALL of our officers recieve counseling or help if needed, aren't allowed to do so much overtime that they are overstressed, etc. We need to look at the causes of why a few officers give the rest a bad name - and a lack of training or support can easily lead someone down that road.
Thanks,
Joe
Holy jumping shit...
Submitted by bubbaz (not verified) on Sun, 11/19/2006 - 2:38am.Holy crap!
I think I know who he is talking about...
"I don't want every break in the world. I just want justice..." Lenny Bruce
Joe's sidestepping the real issue...
Submitted by Phil Owen on Sat, 11/18/2006 - 6:52pm.I want to be very clear and open about my intentions Olycop. If this law passes, I will break it every day until it is repealed. I will be intentionally non-compliant. Will you pepper spray me?
Phil
Submitted by OlyCop on Sat, 11/18/2006 - 7:06pm.I like you, and I respect where you are coming from in your pursuit to help and protect the homeless. But also understand, I enforce the laws of this City, State and Country. That is my job. And I will do what I have taken an oath to do, and what my supervisors direct.
Your question isn't really a fair question. But I do have an answer for you. I will only use the force necessary to get you to comply. You are in control how much force is used. It won't be personal, only business. So I would hope that if I did use force on you in the course of my job, we could have a beer later that night, knowing we just had jobs to do.
"Everyone thinks of changing the world, but no one thinks of changing himself." Leo Tolstoy.
Fair enough, Olycop.Tell ya
Submitted by Phil Owen on Sun, 11/19/2006 - 4:44pm.Tell ya what, I'll even cut you some slack. I'll only refuse to move long enough for you to arrest and cite me, after that I'll get up and walk with you to the car. I wouldn't want you hurting your back tryin' to carry my tubby ass.
Thanks Joe
Submitted by OlyCop on Sat, 11/18/2006 - 7:00pm.It can be a difficult group here to give the police a pat on the back to. I appreciate your courage to say you have seen our officers do a good job. I know we do a good job 99% of the time, and this community is fortunate to have a good group of officers. Occasionally we do stub our toe, but it's the rare event, rather than the status quo.
It is important to the officers to hear "our bosses" the City Council, say they are happy with our work. And for a politician take the extra step to give a public compliment in a forum that has its share of anti-authoritian members is appreciated.
I also know you would chew us up if you thought we deserved it. So from the Olympia Police Department, thank you.
"Everyone thinks of changing the world, but no one thinks of changing himself." Leo Tolstoy.
Well,
Submitted by Rob Richards on Sat, 11/18/2006 - 7:04pm."Everybody who imitates Christ is a fake Jesus." –Alan Watts
my two doubloons
Submitted by enpen on Sun, 11/19/2006 - 12:23am.Well Rick, you inspired me. I just e-mailed my two pistoles to the entire Council. I really hope they don't push this through. And if they do, I'll be sittin' right next to you on the sidewalk, Phil.
"It is a rare mind indeed that can render the hitherto non-existent blindingly obvious. The cry 'I could have thought of that' is a very popular and misleading one, for the fact is that they didn't, and a very significant fact it is too."
As will I.Jade
Submitted by Jade on Sun, 11/19/2006 - 12:31am.Jade
me too"Everybody who
Submitted by Rob Richards on Sun, 11/19/2006 - 12:40am."Everybody who imitates Christ is a fake Jesus." –Alan Watts
Break out the bicycle locks
Submitted by OlyCop on Sun, 11/19/2006 - 4:26am.here we go again :)
"Everyone thinks of changing the world, but no one thinks of changing himself." Leo Tolstoy.
Hey Rick, did he say why he
Submitted by Norm on Sun, 11/19/2006 - 11:04am."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
He said...
Submitted by Rick on Sun, 11/19/2006 - 11:17am....that he "can't follow up on blogs, there's just not that many hours in the day." I'm thinking of suggesting that checking into OlyBlog might be worth his time, given the relevance of the discussion that occurs here.
He owns Alpine Experience (actually co-owns, I think).
When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow
Of course everyone has seen his
Submitted by OlyCop on Sun, 11/19/2006 - 11:21am.campaign website, right?
"Everyone thinks of changing the world, but no one thinks of changing himself." Leo Tolstoy.
Nope, thanks to you and Rick
Submitted by Norm on Sun, 11/19/2006 - 11:30am."You will be different, sometimes you'll feel like an outcast, but you'll never be alone. You will make my strength your own. You will see my life through your eyes, as your life will be seen through mine...."
He seems to support the homeless causes
Submitted by OlyCop on Sun, 11/19/2006 - 11:29am.and youth causes too.
Maybe he wants balance in the downtown, both the issues you all are concerned with and the issues businesses are concerned with.
Check out his endorsement list too. Interesting I think.
"Everyone thinks of changing the world, but no one thinks of changing himself." Leo Tolstoy.