Dont worry, Well take care of it: Another case of sloppy policy work from Team Gonzalez? (Graffiti Ordinance)
The upcoming graffiti ordinance (Item 888 on the 10/16 agenda) has sparked a critical conversation about how Portland addresses vandalism.
While Commissioner Gonzalez initially pushed for jail time as the main response to graffiti—starting with 30 days, later reduced to 7—the proposal leaves jail as the only option. This shift occurred after the city attorney rightly pointed out to them that compelling individuals to donate labor without consent is illegal. Rather than doing the necessary work to keep community service as part of the ordinance, Commissioner Gonzalez dropped it entirely, leaving incarceration as the sole penalty for taggers, even for first-time offenders.
I made it clear from the beginning: without a path to diversion, I could not support this policy. Yet, after that discussion, no substantive changes were made.
Let’s be clear: graffiti is a serious issue. It’s more than an eyesore—it damages property, costs taxpayers and business owners time and money, and erodes our sense of community pride. But giving someone no other options between taking a plea deal and being locked up for a week or more without offering any alternative isn’t going to repaint our walls or erase the damage that’s been done. So, what will? Giving offenders the opportunity to engage in meaningful community service. This way, they can own up to the harm they’ve caused and work to make things right by restoring the very city they caused damage to.
That’s why I’m proposing a different approach. My amendments, which will be discussed this Wednesday, have found a way to legally reintroduce community service to the item. This isn't a softer option; it's a smarter one that holds people accountable while giving them a chance to avoid taking up space in our jails that should be used for violent offenders.
The first of my amendments gives the ability to choose between jail time or a minimum of 50 hours of community service for graffiti offenses. This doesn’t remove the tool we are giving to the DA to incentivize folks to make deals, but it does give us a real and functional process for when people choose to carry this through to its conclusion.
This approach reflects Portland’s values—accountability, yes, but with purpose. Punishment shouldn’t just mean four walls; it could also mean a bucket of paint, a roller, and some hard work to make our city better.
The second amendment addresses some sloppy policy writing in the original proposal. My version broadens the scope from just spray paint to cover all forms of defacement, from ink and dye to etchings and carvings. This ensures that no method of property destruction goes unchecked. I’m also cleaning up some vague language to make enforcement clearer and more straightforward.
My amendments move us toward a proactive stance on vandalism. We aren’t just punishing people—we’re giving them a chance to rebuild our city, brick by brick, wall by wall. That’s how we restore not only property but also civic pride in Portland.
Another key point: This item does not alter how people are held pending trial (there are clear rules around pretrial release that mean essentially all taggers are released pending trial), and it won't alter the good work that the members of PPB are doing to track and arrest these vandals.
Here are the drafts of my amendments as of today:
Mapps 1 – The below language will replace 14.85.040 - Subsection B:
“B. A violation of Section 14B.85.035 shall constitute a Class A misdemeanor as prescribed in State law and a Court must impose a sentence requiring the person either: to serve not less than seven days of imprisonment, or to perform community service for not less than 50 hours for each violation of this Section.”
ORIGINAL GONZALEZ TEXT FOR REFERENCE: “B. A violation of Section 14B.85.035 shall constitute a Class A misdemeanor as prescribed in State law and a Court must impose seven days of imprisonment for each violation of this Section.”
Mapps 2 – The below language will replace 14.85.035 in its entirety.
14B.85.035 Unlawful Defacement of Property in the Right-of-Way
"A person commits the offense of unlawfully defacing property in the right-of-way when the person, having neither legal authority nor reasonable grounds to believe they have such authority, intentionally applies paint, ink, dye, or another similar substance, or creates etchings, carvings, or other marks, on public or private property in or from the right-of-way."
ORIGINAL GONZALEZ TEXT FOR REFERENCE: “14B.85.035 Use of Spray Paint in the Right-of-Way. A person commits the offense of unlawfully applying spray paint in the right-of-way if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally applies graffiti to property in the right-of-way.”