Gonzalez’s Graffiti Ordinance Postponed Due to Council Pushback

An ordinance crafted by City Commissioner Rene Gonzalez that would create a new city misdemeanor for graffiti taggers has been postponed, largely due to a rash of amendments presented by Gonzalez’s colleagues on the Portland City Council.

Gonzalez shopped the emergency ordinance, which if approved would create a new city misdemeanor for graffitists with a seven-day imprisonment minimum, with other council offices this week and last. Commissioner Mingus Mapps submitted an amendment that would expand the misdemeanor charge to include defacing of public property, not just graffiti. A second amendment submitted by Mapps would give offenders the option of being jailed or performing community service.

Commissioner Carmen Rubio, who’s running against Gonzalez for mayor, wants to strike the mandatory minimum of seven days in jail and instead replace it with a fine or community service hours.

Gonzalez’s ordinance proposes a maximum of six months in prison for each violation of the misdemeanor.

Shah Smith, Gonzalez’s chief of staff, wrote to the four other chiefs of staff Tuesday afternoon that Gonzalez was postponing a vote on the ordinance, which was scheduled for Wednesday. “With the mayor and [Police Chief Bob] Day both absent, and substantive amendments on the table, we feel a better date in the coming weeks works better to address this important issue,” Smith wrote. “Will circle back on a new date and time shortly.”

Another hitch that may present a problem for Gonzalez’s ordinance, even if it’s passed, is that Multnomah County Sheriff Nicole Morrisey O’Donnell agreed to book under his misdemeanor only if the person is also charged with a another crime under state statute. That means that the sheriff has no plans to book a defendant if they’re only charged with Gonzalez’s planned misdemeanor.

Sheriff Morrisey O’Donnell “supports enforcement of a city ordinance violation in conjunction with a state charge. A state charge would be any felony or misdemeanor offense codified in the Oregon Revised Statutes,” says Deputy Sheriff John Plock. “The sheriff is open to booking an individual on the proposed city anti-graffiti ordinance violation if the individual is also charged with any state charge at the time of booking.”

Smith, chief of staff to Gonzalez, says the sheriff’s asterisk does not water down Gonzalez’s misdemeanor.

“Working with our regional partners is extremely important,” Smith says, “and we expect this to be impactful.”