PORTLAND - The parties in Cutting, et al. v. City of Portland today agreed to an expedited one-day trial to take place on November 19, 2013. In light of the expedited trial schedule, the City agrees that, other than with respect to individuals who are openly and obviously impaired by drugs or alcohol and posing a threat to traffic, it will not enforce the ban during the period leading up to trial, and will instead address any public safety issues with respect to the city’s medians by means of other laws.
In particular, the City has agreed that it will not issue citations or fines or issue new criminal trespass orders under the median ban, with the exception of individuals who are openly and obviously impaired by drugs or alcohol and posing a threat to traffic, pending the outcome of the trial.
Nothing in this agreement is intended to be, or should be, construed as an admission by either side as to the constitutionality or unconstitutionality of the median ban or the City’s enforcement of the ban.