2006-729-Minutes for Meeting June 29,2006 Recorded 7/14/2006COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS PJ COMMISSIONERS' JOURNAL 111111111 11111111 1.u 01/14/2006 03;44;21 PM 2006-7Z DESCHUTES COUNTY CLERK CERTIFICATE PAGE r This page must be included if document is re-recorded. Do Not remove from original document. tub C { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS THURSDAY, JUNE 299 2006 Commissioners' Conference Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Michael M. Daly and Bev Clarno; Commissioner Dennis Luke was present via phone. Also present were Dave Kanner, County Administrator; Mark Amberg, Legal Counsel; and Mike Dugan, District Attorney's Office. No representatives of the media or other citizens were present. The purpose of the meeting was to discuss Order No. 2006-105, an order restricting the area of protest at the Tucker Memorial Service. Vice Chair Bev Clarno opened the meeting at 4:15 p.m. Mark Amberg gave a brief summary of Order 2006-105; An Order Establishing an Area for Demonstrations, Protests Picketing and Displays of Signs in Connection with the Memorial Service for Pvt. Thomas Tucker to be Held July, 2006 at the Deschutes County Fairgrounds. There are some concerns as some groups have expressed intent to be at the service and at times in the past, demonstrations/protests have turned violent and have resulted in injuries to persons and destruction of property. The intent of the Order is to recognize the rights of individuals and groups of individuals to express opinions and exercise their rights of free speech while maintaining peace, protect property and protect the health, safety and welfare of all persons at the Deschutes County Fairgrounds. The Order would establish a Minutes of Board of Commissioner's Meeting Thursday, June 29, 2006 Page 1 of 3 Pages defined area of the Fairgrounds for any demonstrations, protests, picketing and displays of signs. Mike Dugan said that a restraining order would not work as the county would have to file a lawsuit to get a temporary restraining order. Per the one of the group's website (Westboro Baptist Church), they intend to picket the site. He also said in talking with Paul Smith regarding a protest in Portland, that a protest did result in violence from citizens attacking the protesters as they were upset with the content of the protest. Mr. Amberg said that by limiting where any protests can occur, it will provide a buffer between them and the public and pedestrians for safety. He said that Dan Despotopulos said that the location is appropriate. On the day of the Memorial, there are other events taking place at the Fair and the concern is that there will be a lot of people there that day. Mr. Dugan said the funeral is a t 1:00 p.m. then a funeral procession will be organized. There will be a reception at Madras High. He said the Westboro Baptist Church generally does notify them that they are coming. At this time Commissioner Luke joined the meeting via conference call. Commissioner Luke asked if the church attended the funeral that was held in Clackamas County. Mr. Dugan said that they did not attend that one nor did they attend one in Texas. The church said they got what they wanted and that was publicity. Mr. Dugan said there would be ample police support on the 1 s` to direct traffic, etc. Commissioner Clarno said in the last paragraph of the order the wording states that we are not trying to stop it. Mr. Amberg said that is correct. We just want to protect people and property. He said he would like to enter the District Attorney's Affidavit into the record (see attached marked as Exhibit A) to help support the Boards concerns. He then read part of the affidavit. Commissioner Luke said it does not talk about a particular group. Mr. Amberg stated that is correct, it is any protest group, speech, etc. Minutes of Board of Commissioner's Meeting Thursday, June 29, 2006 Page 2 of 3 Pages DALY: Move approval of Order 2006-105. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. Clarno: Chair votes aye. Being no further items discussed, Vice Chair Clarno adjourned the meeting at 4:35 p.m. DATED this 29th Day of June 2006 for the Deschutes County Board of Commissioners. /7 R. ATTEST: ARecording'Secretary Attachment: District Attorney Affidavit - 8 pages Chair Minutes of Board of Commissioner's Meeting Thursday, June 29, 2006 Page 3 of 3 Pages IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES COUNTY DESCHUTES COUNTY OREGON, Plaintiff, AFFIDAVIT Vs. WESTBORO BAPTIST CHURCH, and OTHER PROTEST GROUPS, Respondent. I, Michael T. Dugan, depose and say-that-Tam -the district attorney for Deschutes County, Oregon and have been during all times mentioned herein. That I have been informed by Captain Al Maich of the Redmond Police Department that the funeral services for Army Pfc. Thomas Tucker, a serviceman killed in Iraq, will be held at the Deschutes County Fairgrounds on July 1, 2006. That this information has also been furnished to the local media and has been publicly announced through the media. That I have received information from Sheriff Jack Jones, Jefferson County Sheriff, that the internment services will be held at the Mt. Jefferson Memorial Park Cemetery located at Loucks Road and Bean Drive. Further, Sheriff Jones told me that a reception will be held at the Madras high School following the internment services. I Exhibit P~- Page -j_ of That I have received information that a group known as the Westboro Baptist Church, which originates in Topeka, Kansas, intends to come to Deschutes County to publicly 2 protest at Pfc. Tucker's funeral. I have also reviewed this organization's web site on the 3 4 Internet, located at www.godhatesfags.com and have read notice of their intent to picket 5 the memorial for Pfc. Tucker on July 1, 2006 at the Deschutes County Fairgrounds Expo 6 Center. A copy of that notice obtained from their web site is attached hereto as "exhibit 7 A". I have personally spoken with Paul G. Smith, a Criminal Investigator with the 8 Oregon Department of Justice and a member of the Terrorism Intelligence Threat 9 Assessment Network (TITAN). Paul Smith told me that the Westboro Baptist Church 10 1 has protested and picketed in Oregon in the past. A photograph is attached hereto as 1 12 "exhibit C" that shows their protest in Oregon. That he is personally aware that an actual 13 act of violence occurred when the Westboro Baptist Church group was protesting at St. 14 Mary's Cathederal in Portland, Oregon. He told me that most likely the violence will be 15 precipitated by the nature of the protest and that the Church group pickets with very 16 graphic signs designed to incite anger in people who observe these signs. That the 17 purpose of the protest is to try and get people to react and violence is often times the 18 reaction obtained. A photograph obtained from their website is attached hereto as 19 w 20 "exhibit B" showing a graphic sign. 0 <z; o K 21 That I have spoken with Detective Greg Walker of the Deschutes County Sheriff's a=o-.~ or;o. w D Q o goo 22 de artment. Detective Walker has been assigned p gned to do the intelligence research on the = Qo .a VqW Z~ no ' 3 =m Westboro Baptist Church. He is also assigned as the intel liaison to Sheriff Jack Jones. y 0 24 Walker told me that he has received information from a reliable source that the Westboro 25 Baptist Church protest group will arrive in Redmond, Oregon on Friday, June 30, 2006 26 Page 2 Exhibit fls- Page of and that they will have at least ten members of the protest group. Walker told me that the 1 website contains graphic information depicting the violence generated by their protests. 2 A copy of a compact disc with video footage taken by the Westboro Baptist Church at 3 4 one of their protests in Seaford, Delaware depicting violence generated by their protest 5 and directed against their group is attached hereto as "exhibit D". This information is 6 contained on their public access web site. 7 That I have spoken with Captain Marc Mills of the Deschutes County Sheriff's office, 8 Redmond Chief of Police Lane Roberts, and Jefferson County Sheriff Jack Jones. That 9 they have told me that they are concerned about protecting all citizens, including the 10 1 1 members of the Westboro Baptist Church. That they told me that limiting the location of 12 the protest can best insure the protection of the County and others from violence and 13 threatening behavior. That their law enforcement agencies can provide better protection 14 for the citizens and members of Westboro Baptist Church by limiting their contact with 15 each other. 16 That I have been informed that the primary focus of the Westboro Baptist Church is to 17 protest the United States government's tolerance of gay people and that the reason that 18 the troops are being killed is that God is mad at this country because of that tolerance I 19 . W N 20 am informed that Pfc. Tucker is the cousin of the current president of the Central Oregon 7 O = W'S 21 chapter of PFLAG, Parents and Friends of Lesbians and Gays. That Detective Walker ~OOZ3 <z.0 Z O OOM OOM 22 told me that the funeral for Pfc. Tucker is a targeted protest for members of the Westboro `R U R N,.w so mom 23 = O W Baptist Church. I am informed that PFLAG has called for a "silent protest" to counter 0 24 the protest of the Westboro Baptist Church. That such a confrontation sets up a recipe for 25 a violent confrontation. 26 Page 3 Exhibit Page of 8~ That pursuant to ORCP 79 I have attempted to contact the Westboro Baptist Church to I discuss with them the obtaining of a temporary restraining order. That I personally 2 entered the Westboro Baptist Church website and logged onto the "contact us" source. In 3 4 doing this I was able to send them an email alerting them to my intention to obtain a TRO 5 pursuant to ORCP 79. That it not my intention to prohibit a protest by the Westboro 6 Baptist Church or other protest organizations, but rather to provide the maximum amount 7 of protection for them and others. That I have no other contact information for this 8 group. 9 That the County will suffer immediate and irreparable harm, loss or damage if a protest 10 11 on County property or the property of the cemetery or high school turns violent. 12 Deschutes County has assigned a number of sheriff officers to assist in the protection of 13 the public and their safety as well could be at risk. By limiting the location and distance 14 from certain property that protests can be held, the County can best protect its citizens, 15 visitors and officers. 16 That pursuant to ORCP 82 A (1)(b) I am asking for a temporary restraining order without 17 the requirement of posting a security as this application is seeking to protect the County 18 and its citizens and visitors from violent or threatening behavior. 19 W N 20 That I make this affidavit is support of the issuance of a temporary restraining order as set 0 = W ¢ 2 I o 21 out in this affidavit. ' - 70UZ M~:aOn y~~Q 2 O DOOM , d- Hp ,m 23 U N 24 25 26 Page 4 Exhibit_ Page of Signed this 29th day of June, 2006. Michael T. Dugan District Attorney 76121 5 Subscribed and sworn to before me this 29th day of June, 2006. Patricia D. Hendrix Notary Public for Oregon My Commission Expires: -1=ICIAL SEAL PATRICIA D HENDRIX 11 0 ? NOTARY '118LIC•OREGON MY COMMISSION EXPIRES NO. 372892 OCT. 17 2007 Exhibit Page 5 of Upcoming Love Crusades (Pickets) Main I Press Releases I News I Sermons I Photos I Bible I Fags • Love Crusades • Current Fliers • Flier Archive Page 1 of 1 June 28, 2006 FAQ Contact Us Search Note: You will need AdobeR Acrobat@ Reader(p) to view these documents. WBC is not affiliated with Adobe Systems Inc. in any way. • WBC to picket funeral for Army Pfc Kristian Menchaca - at 9.15 a.m., Wednesdav June 28 - at Brownsville Event Center, 1 Events Center Blvd., Brownsville Texas "For there fell down many slain, because the war was of God." 1 Chron. 5:22. God has cursed America • WBC to picket funeral for Army Spc David J Babineau - at 12.15 p.m., Wednesdav June 28 - at Arlington National Cemetery, Washington, D.C. (Virginia). "For there fell down many slain, because the war was of God." 1 Chron. 5:22. God has cursed America. • WBC to picket funeral for Army Spc. Robert L. Jones - at 10.15 a .m., Thursday June 29 - at New Hope Community Church, 11731 S E Stevens Rd., Clackamas, Oregon. "For there fell down many slain, because the war was of God." 1 Chron. 5:22. God has cursed America • WBC to picket funeral for Marine Lance Cpl Brandon J Webb - at 3.15 p.m., Friday, June 30 - at Swartz Funeral Home, 1225 West Hill Road, Flint, Michigan. "For there fell down many slain, because the war was of God." 1 Chron. 5:22. God has cursed America. t Vl $C to picket memorial for Army Pfc Thomas Tucker - on Saturday, Julyil - at the Deschutes County Fairgrounds Expo Center, 3800 SW Airport Way, Redmond, Oregon. "For there fell down many slain because the war was of God." 1 Chron 5.22 God has cursed America • WBC to picket funeral for Army Ist Lt Forrest P Ewens - at 12.15 p.m., Friday July 7 - at Arlington National Cemetery, Washington, D.C. (Virginia). "For there fell down many slain, because the war was of God." 1 Chron. 5:22. God has cursed America. All original material on this web site is © 1955-2006 Westboro Baptist Church. You may use any of our material free of charge for any reason. This web site is hosted by First Amendment Hosting. 0, EXh ,h,~ A " Exhibit. k Page of http://www.godhatesfags.com/fliers/Pickets.html 6/28/2006 E ~b ,1 5 It Exhibit Page of It e s N O O n A~ *NNW 7nm rD C O 0 a. b O Ow C IrD O n ¢ O ~ O0 O ~ Exhibit A Page of