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

By Steve Mitchell, Ashland.news

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 “chronic negative behavior.”

Councilors Eric Hansen and Bob Kaplan dissented.

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)—a process that Police Chief Tighe O’Meara said can take years, depending on the case.

Ashland has two ELEAs: one in the downtown corridor and another, added last year, covering Ashland Street to Exit 14.

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’Meara clarified that illegal camping is not among the offenses that would lead to exclusion.

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.

“Nothing in the proposed changes limits anyone’s ability to seek vital services,” O’Meara said.

Public pushback

Despite O’Meara’s 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.

“This approach does nothing to address the causes of houselessness,” said Jackson County resident Leona Stovall. “It exacerbates an already tenuous situation by creating new hardships and barriers.”

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.

“I spoke my mind, and I felt like my personal human dignity was betrayed,” Navickas said. “This does not solve homelessness — it just pushes people around.”

Critic Torin McKnight argued the proposal contradicted Ashland’s 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.

He claimed Police Chief O’Meara was “backpedaling” from supporting Medford’s exclusion model, which allows bans after a single offense, saying it made him appear “like a fascist, which he is.” McKnight was escorted from the meeting following his remarks, which Mayor Tonya Graham swiftly condemned.

“This is not a place where we attack people personally,” Graham said. “We are going to have hard conversations as grown-ups.”

Council divided

Councilors Hansen and Kaplan cited concerns over the ordinance’s constitutionality and its potential to further criminalize unhoused people.

“Not a single person in our community was here tonight to speak in favor of this,” Hansen said.

Councilor Derek Sherrell said his vote was difficult, acknowledging both the need for compassion and public order.

“We can be welcoming, we can be inclusive, we can be fair — and we can have rules,” he said.

Councilor Gina DuQuenne, identifying as a Black lesbian woman with decades in recovery, spoke in favor of accountability for all community members.

“We all live here. We’re all in Ashland together,” she said.

‘Night lawn’

The Ashland City Council mulled the future of the city’s “night lawn,” a designated tent camping area for those struggling with homelessness during the council’s Monday, Sept. 15 study session, as city leaders continue to grapple with finding long-term solutions to address the area’s housing crisis.

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’s volunteers, summarized the findings of a report he shared with the council.

City leaders and law enforcement officials discussed the challenges the city faces with the “night lawn,” which was established in 2023 to help Ashland enforce the city’s camping ordinance.

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.  

Cano said that OHRA would like to extend the program — including managing the volunteer staff and the storage facility — for another two months to provide consistency at the night lawn.

“Consistency is really important, especially for those coping with mental health issues,” Cano said.

He added that providing storage to those staying at the night lawn has given staff more opportunities to engage with them.

Still, concerns remain about the lawn’s growing population — now estimated at around 30 tents — and the strain on city resources, including police and sanitation services.

While O’Meara 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.

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.

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.

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.

The city has also paid to stripe the parking lot near the lawn, and to clean, and landscape the complex, for nearly $10,000.

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.

“The location is really, really key,” Sherrell said.

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’s future.

“The answers are not obvious,” Graham said. “There is never enough resources, and I know that everyone is doing the very best that they can.”

Email Ashland.news associate editor Steve Mitchell at [email protected].

Related stories:

Ashland police chief seeks tougher exclusion rules (Aug. 6, 2025)

City Council approves parks fee, discusses Enhanced Law Enforcement Area rule changes (May 22, 2025)

Ashland City Council considers changes to enhanced law enforcement area (Feb. 21, 2025)

Ashland to have a second enhanced law enforcement area — and reopened Community Center (Dec. 19, 2024)

Ashland police: Added Enhanced Law Enforcement Area is a useful tool (Dec. 16, 2024)

Ashland City Council to vote on second reading of Enhanced Law Enforcement Area ordinance (Dec. 15, 2024)

Ashland City Council approves expulsion area for south side of town along Ashland Street (Dec. 6. 2024)

Ashland City Council balks at potential expulsion zone changes (Nov. 22, 2024)