Portland, Ore. — On Tuesday, Multnomah County Circuit Judge Eric Dahlin issued a ruling siding with supporters of environmental justice and the clean energy transition, determining that 2PDX2025 violated Oregon’s constitutional requirement that a ballot initiative include the full text of the proposed law before voters.
The legal challenge had been brought by Portland voters Jenny Lee, Deputy Director of the Coalition of Communities of Color, Devin Ruiz, Movement Building Director of Next Up Action Fund, and Jackie Yerby, a board member of Portland for All.
The Portland Clean Energy Fund (PCEF) is a critical source of climate funding for the City of Portland, enabling meaningful investments in community-based solutions. 2PDX2025 was filed by Juanita Swartwood and Bob Simril with support and funding from the Portland Police Association. The proposed measure would have amended the city charter to divert critical resources from an integral source of climate funding that is a key part of the City of Portland’s climate action strategy. Jenny Lee, Devin Ruiz, and Jackie Yerby filed their legal appeal in December 2025. Oral arguments were held on February 13, with dozens of PCEF supporters packing the courtroom.
The full text provision ensures that voters have enough information so they can make a decision whether to sign the initiative petition or vote in favor of an initiative. The court determined that 2PDX2025 violated this requirement. If 2PDX2025 had moved forward, it risked significant voter confusion when trying to understand the full meaning of the proposed charter amendment.
The police union’s proposed measure would have amended the city charter to divert critical resources from an integral source of climate funding that is a key part of the City of Portland’s climate action strategy.
Through the City Council-approved Climate Investment Plan, PCEF funds have been fully allocated through 2029 to projects including cooling units for low-income Portlanders, tree planting to address urban heat islands, energy efficiency retrofits to help families afford their utilities, and job training for the green economy.
The Coalition of Communities of Color played a key leadership role in the development and passage of the 2018 ballot measure establishing PCEF, alongside other culturally-specific and environmental organizations. The measure passed with 65 percent of voters in support.
“Today’s ruling was more than protecting a fund, it was about protecting our communities,” said Jenny Lee of the Coalition of Communities of Color. “The attempt by the Portland Police Association and wealthy special interests to siphon off already allocated funding from critical climate investments to hire more officers would have significantly disrupted long-term climate solutions and forced BIPOC residents, low-income Portlanders, and other frontline communities to once again bear the cost.”
"The unique mission of PCEF is to deliver real investments to health, housing, job training, clean energy, and climate resilience – the foundation for true community safety."
Every day, we are seeing the devastating effects of climate change accelerating, here in Portland and throughout the world,” said Damon Motz-Storey, Director of the Sierra Club Oregon Chapter. “Voters across all ages and cultural backgrounds know this and took action by overwhelmingly supporting the Portland Clean Energy Fund in 2018. The unique mission of PCEF is to deliver real investments to health, housing, job training, clean energy, and climate resilience – the foundation for true community safety. The police union’s petition to take 25% of PCEF only harms climate efforts already unfolding and providing results. We remain committed to protecting community-centered climate action that strengthens a more healthy and resilient future for all.”
“This is not the first time powerful special interest has worked to override the will of the voters and redirect resources from their intended purpose - and it likely will not be the last. As steadfast supporters of PCEF, we are fiercely committed to ensuring the fund is implemented responsibly, transparently, and fully aligned with what voters intended,” said Jackie Yerby, a board member at Portland for All.
What’s next?
News coverage and the police union’s reaction make this decision seem like they’re cleared for gathering signatures and good to go. But the reality is that re-filing a new initiative, surviving another legal challenge, and gathering 40,437 valid voter signatures before the deadline of July 6th, 2026 is a near-impossible task. It took about 2.5 months for the most recent legal appeal process to play out.
Why are environmental justice supporters celebrating the current situation?
Even if police proponents file a new initiative immediately, environmental justice supporters are ready to file another legal challenge. The new initiative would be subject to scrutiny in another Multnomah County Circuit Court proceeding that could also result in an unconstitutional ruling. But even if police backers are given a green light by another judge in the future, they will likely have at most two months to gather over 40,000 Portland voter signatures (over 5,000 signatures per week). This is a highly difficult task even if proponents raise a lot of money for paid signature gatherers. Most political observers would likely agree that this effectively means we can expect not to see this police measure to divert PCEF money on the November 2026 ballot, although it could reappear in future election cycles.
What if the police union defies the odds and does put this measure on the November 2026 ballot?
Then we at the Sierra Club Oregon Chapter, along with a wide array of values-aligned partners, will work hard and organize to defeat the measure and protect the Portland Clean Energy Fund for climate action desperately needed by present and future generations.
How can I support the defenders of the Portland Clean Energy Fund?
- You can donate to the Oregon Chapter of the Sierra Club and we will work hard to defend the Portland Clean Energy Fund from police boosters, sports arena remodeling schemes, and more.
- Sign up for updates from and support the Coalition of Communities of Color, who are playing a lead role in legally challenging police efforts to take PCEF funds away from communities of color, low-income communities, and more.