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Local activist Joe Walsh urged City Council members Wednesday, Jan. 13, 2015, not to appeal a federal judge's ruling that found the council violated Walsh's First Amendment rights by excluding him from council meetings for months at a time. (Maxine Bernstein|The Oregonian)

Portland's City Council Wednesday decided to explore ways to revise city code so it will adhere to a federal judge's ruling that banned city officials from excluding people from council meetings or city buildings for months at a time.

City commissioners, however, said they still support some type of prospective exclusions for people who are violent or make threats against them or city staff.

Local activist Joe Walsh, who had faced three such exclusions since September 2014, had taken the city to federal court and won. U.S. District Court Judge Michael H. Simon found the lengthy exclusions violated Walsh's First Amendment rights and issued a permanent injunction against future exclusion orders.The judge said the City Council could still order someone to leave a council session if they're being disruptive, but they couldn't exclude them from future meetings based on their past behavior.

Commissioner Dan Saltzman, backed by city attorneys Wednesday, had first recommended the city appeal Simon's ruling. Saltzman argued that the judge's ruling severely limited the council's ability to address violent, threatening or intimidating behaviors against council members or city staff.

He cited a late November council session in which a backpack containing a beeping smoke detector was left behind in council chambers.

"This is not about decorum or hurt feelings. We all know democracy is messy,'' Saltzman said. "We should have the right to control against violent, aggressive behavior.''

Commissioners Amanda Fritz and Steve Novick signaled they were leaning against supporting an appeal.

Novick recommended the council accept Simon's ruling, saying Walsh's case wouldn't be a strong one to use to make the city's argument since the judge found Walsh wasn't violent in his prior dealings with council.

Walsh reiterated that point on Wednesday. "I'm not violent. Mouthy? Obnoxious? Pushy? I'll take those because that's what activists do,'' Walsh said. "I have a right to come here and yell at you. The Constitution says I have the right to.''

Mathew dos Santos, legal director of the American Civil Liberties Union of Oregon, also urged the council not to pursue an appeal Wednesday.

He suggested the council revise the city code governing exclusion orders, and distinguish between disruptive behavior - not subject to lengthy exclusions - and actual threatening, violent behavior that would not be protected by the First Amendment.

"The ordinance is too broad,'' he said. "I think there's a quick fix.''

Mayor Charlie Hales directed council staff to work with city attorneys and the ACLU to revise the code and return to council in two weeks.

"I don't know if we need to appeal or not,'' Hales said. "I do know we need to change our code.''

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian