The Ashland city council passed an ordinance Tuesday allowing police to petition a judge to ban those charged with crimes from large areas of the city.
Previously, such bans within Ashland's two enhanced law enforcement zones, located downtown and in the city’s business corridor, could only be issued after convictions.
Under the new rules, police can request an expulsion if someone is charged with three or more nuisance violations, two or more misdemeanors or one charge for unauthorized burning or assault within a six-month period. Public camping violations cannot count towards a ban, which can last from three months to one year.
City council member Dylan Bloom, who voted in favor of the ordinance, said it was about accountability.
“What is the alternative? That we as a community simply accept people violating the law and the commons over and over and over again, without consequence?” Bloom said. “Accountability and compassion are not opposites.”
Councilor Jeff Dahle also supported the measure.
“I hope those who disagree with it will take the time to understand the strongest points of the arguments they disagree with so that we can find common ground and strength in our community,” Dahle said.
About half a dozen residents spoke against the ordinance Tuesday, part of a group that has regularly attended meetings and packed public comment periods. Critics say the law could be used to target homeless populations and infringe on residents’ rights.
Eric Hansen was one of two votes against the ordinance.
“I don't think that it's constitutionally going to hold up given the right circumstances,” Hansen said. “I don't like what it does for our community.”
A similar law in Medford has so far survived court challenges.
Council member Bob Kaplan also opposed the ordinance.
“I never felt that the data was really there to support the effectiveness of this sort of thing,” Kaplan said. “The basic question is: Are we just moving things around rather than solving a problem?”
Council members have amended this proposal several times since it was introduced in February. That continued up until the city council passed a second reading this week. The most recent revision clarifies that people banned from enhanced law enforcement areas can still visit those spaces for essential services or work. Judges also grant exceptions on a case-by-case basis.
