We are aware of an incident that occurred between two parties in the area of Southeast 63rd Avenue and Southeast Duke Street on Sunday, July 15, 2018, at 8:02 p.m. The incident was filmed and is being shown on Facebook. During this incident, an officer was flagged down about a disturbance. The officer stated that he arrived at the location of the disturbance and advised the parties to separate from one another. At that time the officer's directions stopped the interaction.
The Police Bureau is aware that speech, such as the speech present in this video, instills fear in members of our community. The Police Bureau works with community members and community organizations (https://www.portlandoregon.gov/police/30476 ) regarding bias crimes.
Though the video does not necessarily convey everything that was occurring at the time of this incident, the officer who responded will include this video as part of his police report and it will be forwarded to the Multnomah County District Attorney's Office for consideration. East Precinct officers have interviewed the people involved in this incident and the associated reports will also be forwarded to the District Attorney's Office.
It is important to note that situations such as these are complex legally.
Under Oregon law, bias crimes are defined as any criminal act that targets a victim based on the suspect's perception of the victim's race, color, religion, sexual orientation, disability, or national origin. Detectives work to determine whether or not bias elements are present during the reported crime that align with Oregon law as defined in the Oregon Revised Statutes (ORS):
* ORS 166.165 - Intimidation in the First Degree - https://www.oregonlaws.org/ors/166.165
* ORS 166.155 -- Intimidation in the Second Degree - https://www.oregonlaws.org/ors/166.155
The Oregon Revised Statute for Harassment, ORS 166.065 https://www.oregonlegislature.gov/bills_laws/ors/ors166.html
can also be considered. However, in 2008 in State v. Johnson, the Oregon Supreme Court determined ORS 166.065(1)(a)(B) violates Article I, section 8, of the Oregon Constitution.
The Portland Police Bureau understands the effect bias-motivated crimes can have on our community. We have a long-standing partnership with the LGBTQ community. Information about the partnership, called the Alliance for Safer Communities (ASC), can be found by visiting http://www.portlandoregon.gov/police/31112
The Bureau investigates all reports of bias-motivated crimes and encourages any member of our community who is the victim of such a crime to contact law enforcement.
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