Updated ordinance aims to streamline the ability to ban repeat offenders from business corridors, needs second reading to take effect; critics raise civil rights concerns<\/p>\n
By Steve Mitchell, Ashland.news<\/p>\n
The Ashland City Council voted 4-2 on Tuesday, Sept. 16, to approve the first reading of an ordinance amendment aimed at giving law enforcement more flexibility in excluding individuals from downtown areas for \u201cchronic negative behavior.\u201d<\/p>\n
Councilors Eric Hansen and Bob Kaplan dissented.<\/p>\n
Currently, Ashland police must wait for a municipal court judge to determine whether someone has violated the law before seeking their exclusion from designated Enhanced Law Enforcement Areas (ELEAs)\u2014a process that Police Chief Tighe O\u2019Meara said can take years, depending on the case.<\/p>\n
Ashland has two ELEAs: one in the downtown corridor and another, added last year, covering Ashland Street to Exit 14.<\/p>\n
Under the proposed amendment, officers could petition a judge for a ban after documenting three distinct incidents that demonstrate a pattern of disruptive or unlawful behavior. However, O\u2019Meara clarified that illegal camping is not among the offenses that would lead to exclusion.<\/p>\n
![\"\"](\"https:\/\/www.newsbeep.com\/us-pa\/wp-content\/uploads\/2025\/10\/Ashland-ELEA-10.120.010.B.1-Exh-A.jpg\")
A map of the downtown Ashland Enhanced Law Enforcement Area. Repeat violations of certain ordinances can result in being barred from the area for up to a year. City Councilors approved the first reading of an amendment to the ordinance that would allow officers greater flexibility to expel people from ELEAs. Ashland adopted its first ELEA in 2012.<\/p>\n
He also emphasized that those banned from ELEAs would still be allowed access to essential services such as medical care, groceries, and social services. Variances could be granted for other needs, like attending community meals.<\/p>\n
\u201cNothing in the proposed changes limits anyone\u2019s ability to seek vital services,\u201d O\u2019Meara said.<\/p>\n
Public pushback<\/p>\n
Despite O\u2019Meara\u2019s reassurances, the proposed changes drew strong criticism during the public comment period. Speakers argued the ordinance would further marginalize unhoused individuals, criminalize survival behaviors and disproportionately affect people of color.<\/p>\n
\u201cThis approach does nothing to address the causes of houselessness,\u201d said Jackson County resident Leona Stovall. \u201cIt exacerbates an already tenuous situation by creating new hardships and barriers.\u201d<\/p>\n
Former City Councilor Eric Navickas, who was arrested earlier this year following a disruption at a council meeting while opposing ELEA policies, said he felt personally targeted by law enforcement. He described the experience as degrading.<\/p>\n
\u201cI spoke my mind, and I felt like my personal human dignity was betrayed,\u201d Navickas said. \u201cThis does not solve homelessness \u2014 it just pushes people around.\u201d<\/p>\n
Critic Torin McKnight argued the proposal contradicted Ashland\u2019s stated values of compassion and empathy. He accused the city of using law enforcement to address issues rooted in poverty and likened the ordinance to authoritarian tactics.<\/p>\n
He claimed Police Chief O\u2019Meara was \u201cbackpedaling\u201d from supporting Medford\u2019s exclusion model<\/a>, which allows bans after a single offense, saying it made him appear \u201clike a fascist, which he is.\u201d McKnight was escorted from the meeting following his remarks, which Mayor Tonya Graham swiftly condemned.<\/p>\n \u201cThis is not a place where we attack people personally,\u201d Graham said. \u201cWe are going to have hard conversations as grown-ups.\u201d<\/p>\n Councilors Hansen and Kaplan cited concerns over the ordinance\u2019s constitutionality and its potential to further criminalize unhoused people.<\/p>\n \u201cNot a single person in our community was here tonight to speak in favor of this,\u201d Hansen said.<\/p>\n Councilor Derek Sherrell said his vote was difficult, acknowledging both the need for compassion and public order.<\/p>\n \u201cWe can be welcoming, we can be inclusive, we can be fair \u2014 and we can have rules,\u201d he said.<\/p>\n Councilor Gina DuQuenne, identifying as a Black lesbian woman with decades in recovery, spoke in favor of accountability for all community members.<\/p>\n \u201cWe all live here. We\u2019re all in Ashland together,\u201d she said.<\/p>\n \u2018Night lawn\u2019<\/p>\n The Ashland City Council mulled the future of the city\u2019s \u201cnight lawn,\u201d a designated tent camping area for those struggling with homelessness during the council\u2019s Monday, Sept. 15 study session, as city leaders continue to grapple with finding long-term solutions to address the area\u2019s housing crisis.<\/p>\n Dan Cano, executive director of Opportunities for Housing, Resources & Assistance (OHRA), a local nonprofit the city brought in to manage a storage facility for those staying at the lawn to store their gear during the day, and to manage the night lawn\u2019s volunteers, summarized the findings of a report he shared with the council.<\/p>\n City leaders and law enforcement officials discussed the challenges the city faces with the \u201cnight lawn,\u201d which was established in 2023 to help Ashland enforce the city\u2019s camping ordinance.<\/p>\n The report revealed key data points, including that a dozen people who had stayed on the night lawn were able to find shelter, according to Sabrina Cotta, Ashland city manager. \u00a0<\/p>\n Cano said that OHRA would like to extend the program \u2014 including managing the volunteer staff and the storage facility \u2014 for another two months to provide consistency at the night lawn.<\/p>\n \u201cConsistency is really important, especially for those coping with mental health issues,\u201d Cano said.<\/p>\n He added that providing storage to those staying at the night lawn has given staff more opportunities to engage with them.<\/p>\n Still, concerns remain about the lawn\u2019s growing population \u2014 now estimated at around 30 tents \u2014 and the strain on city resources, including police and sanitation services.<\/p>\n While O\u2019Meara said he was not an expert, he said he had heard that when people are expelled from other areas, including Medford and Grants Pass, they tend to show up in Ashland.<\/p>\n Cano said that he wanted to be careful in speculating on reasons for the increase, but also said that it could be the consistency of services that has drawn more people, along with the warmer temperatures.<\/p>\n According to meeting materials, Ashland police officers have responded to 232 calls to the night lawn, which have accounted for 45 hours of police time.<\/p>\n Other expenses the city continues to incur include having a portable toilet for those staying on the lawn, which costs the city $2,243.88 per month, and $232.82 each month to empty a dumpster.<\/p>\n The city has also paid to stripe the parking lot near the lawn, and to clean, and landscape the complex, for nearly $10,000.<\/p>\n The council also discussed the possibility of relocating the site to another city-owned property. However, Sherrell said that unless the city owns the property around the site, it could run into issues down the road.<\/p>\n \u201cThe location is really, really key,\u201d Sherrell said.<\/p>\n The council plans to revisit the issue in the next couple of months and agreed that they would put together a committee to develop a comprehensive plan for the site\u2019s future.<\/p>\n \u201cThe answers are not obvious,\u201d Graham said. \u201cThere is never enough resources, and I know that everyone is doing the very best that they can.\u201d<\/p>\n Email Ashland.news associate editor Steve Mitchell at [email\u00a0protected]<\/a>.<\/p>\n Related stories:<\/p>\n Ashland police chief seeks tougher exclusion rules<\/a> (Aug. 6, 2025)<\/p>\n City Council approves parks fee, discusses Enhanced Law Enforcement Area rule changes\u00a0<\/a>(May 22, 2025)<\/p>\n Ashland City Council considers changes to enhanced law enforcement area<\/a>\u00a0(Feb. 21, 2025)<\/p>\n Ashland to have a second enhanced law enforcement area \u2014 and reopened Community Center<\/a>\u00a0(Dec. 19, 2024)<\/p>\n Ashland police: Added Enhanced Law Enforcement Area is a useful tool<\/a>\u00a0(Dec. 16, 2024)<\/p>\n Ashland City Council to vote on second reading of Enhanced Law Enforcement Area ordinance<\/a>\u00a0(Dec. 15, 2024)<\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-pa\/wp-content\/uploads\/2025\/10\/proposed-east-enhanced-law-enforcement-area-elea.jpg\")
The second Enhanced Law Enforcement Area, outlined in red, that Ashland leaders adopted last year to expel chronic offenders.Council divided<\/p>\n