November 14, 2016
 
Dear Mayor Hales,
 
The ACLU of Oregon joins the calls urging those few who have been engaged in violence and vandalism during the protests to stop. However, we fully rebuke both your calls for the protests to end and your statement that protest cannot effect change in our democracy. American history, indeed world history, is full of stories of protest that opened the path to change.
 
Peaceful assembly and protest is at the heart of our democracy. It may not always be convenient or pretty, but we think it is powerful. Protest is:
‣ a means of expression when people feel unheard through other methods;


‣ a beacon of solidarity and connection to people who resonate with the message of the protesters;


‣ a way to spark conversations and debate about important issues; and


‣ an opportunity to form community and connections, which can lead to further organizing and action.
 
In a democracy, our government officials should not retreat in the face of raised voices and protest. Rather, it is their duty to listen and harness those voices to move our community toward the realization of liberty and justice for all. No doubt it is hard work, but that is what we elected you to do.
 
Since Election Day, thousands of Oregonians have taken to the streets in protest. Mr. Mayor, you do not get to decide when their protest is done. 
 
You have noted that you believe the outcome of the presidential election did not reflect Portland’s values. One of Portland’s values is to come together and take to the streets when there are fears, sadness, and anger over political events. And should the Trail Blazers win a championship, rest assured Portlanders will take to the streets in celebration. 
 
So please, Mr. Mayor, do not dismiss the protests. Empathize with your constituents’ fears, and if you cannot give them hope for change, at least respect their right to ask for it.  



The ACLU of Oregon

 

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Monday, November 14, 2016 - 8:45pm

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November 22, 2016

Dear Mayor Hales and Chief Marshman,
 
Last night, we learned that Portland Police Bureau (“PPB”) arrested Gregory McKelvey, Kathryn Stevens, and Micah Rhodes, members of PDX Resistance and well-known organizers. Targeting individuals for arrest for constitutionally protected speech is prohibited by law. 
 
PDX Resistance organizers were singled out for arrest despite engaging in activities similar to peaceful protesters in their vicinity. From our view, the only distinguishing characteristic is their role as leaders in other recent protests that were publicly opposed by your offices.

Not only is retaliatory arrest unconstitutional, it is wasteful, consuming limited law enforcement resources in pursuit of charges prohibited by law. 

An arrest made in retaliation for a person’s exercise of protected speech violates the First Amendment. While we continue to evaluate the facts, we caution PPB that it is a violation of the rights of the protesters arrested if police actions are motivated by a desire to chill speech and law enforcement actions would “chill or silence a person of ordinary firmness from future First Amendment activities.”  Unlike most other courts, the Ninth Circuit has held that a First Amendment retaliation claim can lie even if the arrest is supported by probable cause.  If a First Amendment retaliation claim can be established, then officers would likely not be entitled to qualified immunity.   
 
Despite clear law to the contrary, PPB appears to be engaged in a pattern and practice of retaliatory arrest of local organizers. We have received other reports of well-known organizers and activists being targeted by PPB for arrest during peaceful protests and are investigating those allegations. 
 
Not only is retaliatory arrest unconstitutional, it is wasteful, consuming limited law enforcement resources in pursuit of charges prohibited by law. For example, activist Teressa Raiford was acquitted after an arrest last year for similar activities. The ACLU of Oregon filed an amicus brief in her case and successfully showed the court that the state has a high burden when wielding the criminal law against protesters engaged in protected First Amendment activity.
 
While we understand the difficulties faced by local law enforcement, silencing the voices of community leaders through a practice of harassing arrests is clearly unconstitutional and destroys trust between the community and its public servants. 
 
As those selected to serve the community, we urge you to ensure that public speech, including protest, is protected and not punished.
 
Sincerely, 
 
 
 
Mat dos Santos
Legal Director
 
 
cc: District Attorney Underhill, Mayor-elect Wheeler

Date

Tuesday, November 22, 2016 - 1:30am

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It is time to commute Oregon's costly death row.

Badge reading 'Death Penalty' in red strike-through circle
November 22, 2016 - Five years ago today, Governor John Kitzhaber issued a
moratorium on carrying out executions of Oregon’s death row prisoners and called our death penalty a broken system. Governor Kate Brown has continued that moratorium. Both suggested that Oregonians needed to have a conversation about the morality and effectiveness of keeping a death penalty system. While the governor cannot get rid of the death penalty, only voters can do that, we suggest it is now time for the governor to commute all death row sentences.
 
New information regarding innocence, disability, and race has come to light that reinforces the widespread concern that Oregon’s death penalty system is broken:
 
  • On November 10, the Oregon Innocence Project asked a state court to order a review of critical DNA and other forensic evidence on behalf of a death row prisoner. Jesse Johnson's case raises the possibility of an innocent person on Oregon's death row. We know there have been 156 people exonerated from death row nationally and there's nothing about Oregon's justice system that would somehow make a death row innocence case impossible.
  • In October of this year, a Multnomah County judge ruled that Michael Davis was ineligible for the death penalty due to his intellectual disability, his IQ has been measured to be as low as 61. He has been on death row for 11 years.
  • There are racial disparities in Oregon’s death row – approximately 2% of the state population is Black but 9% of our death row is Black.
Additionally, a new academic study was released last week that examines the economic costs of death penalty cases in Oregon. Authored by professors at Lewis & Clark Law School and the Seattle University, Criminal Justice Department, the cost study shows that cases seeking death sentences cost approximately $1 million dollars more than cases seeking life without parole. This means death penalty cases cost nearly four times more than cases seeking life sentences. It should be noted that that is a conservative estimate as the costs analyzed in the study only included the defense and corrections related costs. Prosecutors would not provide their costs.
 
Since 1984, Oregon has not executed anyone who has exhausted their appeals. The two exceptions-- Douglas Franklin Wright in 1996 and Henry Charles Moore in 1997--voluntarily gave up their remaining appeals and were put to death by lethal injection. 
 
Based on this record, we could achieve the same results using life without parole sentences at a much lower cost to taxpayers. The current moratorium does not address the ongoing cost of death cases or prevent new death sentences from being charged. Morality aside, commutation is simply smart justice.
 
The governor has the constitutional power to change death sentences into sentences of life without parole. This power to “commute” would stop the ongoing appeals, and the costs associated with those appeals, of current death row prisoners.
 
The death penalty is a failed policy. Governor Brown should commute the death row sentences and provide the state a real opportunity for a reboot of this flawed system and use our limited resources to effectively keep our communities safe.

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Tuesday, November 22, 2016 - 1:15am

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