Page 1 – DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR ENFORCEMENT OF 

JUDGE’S ORDER

PORTLAND CITY ATTORNEY’S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

DAVID LANDRUM, OSB #955425

Senior Deputy City Attorney

Email: david.landrum@portlandoregon.gov

DANIEL SIMON, OSB #124544

Deputy City Attorney

Email: dan.simon@portlandoregon.gov

Office of City Attorney

1221 SW 4th Avenue, Suite 430

Portland, OR 97204

Telephone: (503) 823-4047

Facsimile: (503) 823-3089

Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

JOSEPH WALSH,

PLAINTIFF,

v.

BRYANT ENGE, CHARLIE HALES, 

CITY OF PORTLAND,

DEFENDANTS.

3:15-cv-01666 SI

DEFENDANTS’ RESPONSE TO 

PLAINTIFF’S MOTION FOR 

ENFORCEMENT OF JUDGE’S ORDER

Defendants Bryant Enge, Charlie Hales, and the City of Portland (collectively 

“Defendants”) respectfully request the Court deny Plaintiff’s Motion for Enforcement of Judge’s 

Order (“Plaintiff’s Motion”) because plaintiff has not alleged action on the part of Defendants 

that violates the Court’s order.

The Court’s Opinion and Order on December 31, 2015 granted plaintiff injunctive relief 

and a declaratory judgment as to the City’s exclusion ordinance, PCC § 3.15.020B.5.b. (See 

Opinion and Order, docket #29). That ordinance authorizes the City to exclude from future 

Council meetings persons who violate the meeting rules of conduct. The court enjoined the 

Case 3:15-cv-01666-SI Document 34 Filed 07/20/16 Page 1 of 3
Page 2 – DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR ENFORCEMENT OF 

JUDGE’S ORDER

PORTLAND CITY ATTORNEY’S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

City’s usage of PCC § 3.15.020.B.5.b to exclude disruptive persons from future City Council 

meetings. 

Plaintiff does not allege that defendants excluded plaintiff or any other person from 

future City Council meetings. As Plaintiff’s Motion states, plaintiff was arrested at a City 

Council meeting rather than excluded from the meeting. Plaintiff’s arrest resulted in a criminal 

action in Multnomah County Circuit Court for Criminal Trespass II and Disorderly Conduct II 

(see Register of Actions pertaining to Multnomah County Case No. 16CR39865 titled State of 

Oregon v. Joseph Walsh, attached to Declaration of Daniel Simon as Exhibit A). Defendants 

dispute plaintiff’s factual version of events, but even taking all of plaintiff’s non-conclusory 

factual allegations as true, plaintiff does not allege that the City excluded him from future City 

Council meetings via PCC § 3.15.020.B.5.b. Plaintiff’s Motion makes no mention of that section 

of the City Code, nor does plaintiff allege that he has been excluded from future City Council 

meetings. Plaintiff simply states that he was arrested and asks the court to intervene. Plaintiff 

does not show that the City’s actions violated the Court’s Opinion and Order, thus Plaintiff’s 

Motion lacks a legal basis for relief. 

The court should deny Plaintiff’s Motion. Plaintiff’s allegations do not implicate the 

Court’s order published on December 31, 2015, because defendants have not excluded plaintiff 

from future City Council meetings under PCC 3.15.020B.5.b. 

 Dated: July 20, 2016.

Respectfully submitted,

/s/ Daniel Simon

DANIEL SIMON, OSB # 124544

Deputy City Attorney

Telephone: (503) 823-4047

Case 3:15-cv-01666-SI Document 34 Filed 07/20/16 Page 2 of 3
Page 1 – CERTIFICATE OF SERVICE

PORTLAND CITY ATTORNEY’S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing DEFENDANTS’ MOTION FOR 

ENFORCEMENT OF JUDGE’S ORDER on:

Joseph F. Walsh

7348 SE Division Street

Portland, OR 97206

Plaintiff-Pro Se

on July 20, 2016, by causing a full, true and correct copy thereof, addressed to the last-known 

address (or fax number) of said attorney, to be sent by the following method(s):

by mail in a sealed envelope, with postage paid, and deposited with the U.S. Postal 

Service in Portland, Oregon.

by hand delivery.

by email pursuant to LR 5-2(b).

by facsimile transmission.

by email.

/s/ Daniel Simon

DANIEL SIMON, OSB #124544

Deputy City Attorney

Telephone: (503) 823-4047

Case 3:15-cv-01666-SI Document 34 Filed 07/20/16 Page 3 of 3