USELESS CITY BUREAUCRACY

[September 7th, 2005] An optimist might say Portland's labyrinthine city code has succeeded in defending downtown sidewalks from a plague of Vespa scooters. But always the pessimists, we at the Rogue Desk took a gander at a recent fight over the scooters and saw just another small business confounded by useless city bureaucracy .

The trouble began in June, when the city got a complaint about Vespa scooters on the sidewalks outside Pioneer Place. City officials told Vespa Portland dealer Justin Fisher that his store was violating two codes prohibiting "the exterior display of goods" that apply downtown and in certain other parts of Portland. Never mind the golf store that hawks its putters on the sidewalk nearby-no one complained about that. (The code also completely exempts restaurants with outdoor seating.)

Fisher asked if the code could be changed or his six-employee shop exempted. The bureau replied that Fisher's only option was to pay $1,632 and wait at least eight weeks for the city to determine whether he qualified for an exemption. Officials also helpfully pointed out that Fisher ought not to push too hard, as his business was in violation of yet another code prohibiting the sale of any vehicles within 500 feet of the downtown MAX line.

Now running afoul of three codes, Fisher has decided to cut his losses and move to Northwest 23rd Avenue in November. He figures he'll have a better chance to display his wares on 23rd, as the shops on that street liberally practice "the exterior display of goods."

The code's aim is to keep "more traditional street-type uses," says Ross Carrone, with the city's Bureau of Development Services' compliance section.

But scooterphobic citizens are probably waiting for the protecting aegis of Portland city code to sweep Fisher and his machines all the way to Gresham.