Celebrated on the anniversary of June 19, 1865, when in the wake of the American Civil War, Major General Gordon Granger ordered the final enforcement of the Emancipation Proclamation in Texas.
Rep. Bill Post and E. Werner Reschke mull the implications
State Representative E. Werner Reschke has presented his case that the state has not met the criteria for a catastrophic session based on Article X-A of the Oregon Constitution. These two State Representatives offer an in-depth perspective in this 47 minute video.
The Northwest Observer reached out to Representative Bill Post and asked him for his perspective on this issue, and he said, “When I was doing a radio talk show, The Bill Post Radio Show, in 2011, I did live shows at the Legislature and tried to warn the legislators that though it might sound like a good idea, it was not. It would be misused one day. Then later when it was a ballot measure, I warned the listeners not to vote yes on the measure as it sounds good but would be misused one day. Well 'one day' is potentially here now!â€
Those involved have threatened and assaulted people
Over the past three months, people have been illegally trespassing on properties on Mississippi Avenue, including in a house and on privately owned lots.
According to call log data, over the three-month period, from September 1 to November 30, 2020, at least 81 calls for service were placed for issues related to these properties and the immediate area. Calls for service included, but were not limited to: fights, disturbances, shots fired, burglary, thefts, vandalism, noise violations, trespassing, threats (including by armed individuals), and for illegally blocking traffic, sidewalks and access to homes. Throughout this period, Portland police officers spoke with many community members about their concerns and the threatening behavior and intimidation they experienced in the neighborhood around these properties.
And now there is a dangerous no go- zone established by far-left extremists in what some are referring to as the "Red House Autonomous Zone"(RHAZ).
Police completely left the area right before 10 a.m. on Tuesday and almost immediately, people removed a portion of the fence and entered the private property.
Portland Police returned and attempted to disperse people from the property, however, people began throwing objects at police vehicles and officers, broke police vehicle windows and flattened tires on two police vehicles. Officers disengaged and people entered the private property again. A crowd of people eventually used fencing and other materials to block North Mississippi Avenue and began stockpiling rocks. Portland Police have remained out of the area and are monitoring the situation for the time being.
Since that time and overnight, the extremists have set up additional barricades and fortifications in this area. They have also stockpiled weapons.
Those involved in the occupation have threatened and assaulted people, and their actions indicate the intent to continue to do harm to the community.
"We want a peaceful and safe resolution to the occupation of public space on North Mississippi Avenue," said Chief Chuck Lovell. "We are greatly concerned about the fortification of barricades, stockpiling of weapons, armed sentries, attacks on journalists and threats to kill officers in graffiti in this public space. Our goal is for this to resolve peacefully to increase safety for all involved. I encourage those involved to reach out to our Demonstration Liaison Officers so we can discuss a peaceful outcome."
This criminal activity has had a significant impact on the safety of residents in that area and the livability of the neighborhood. Traffic and transit cannot pass. Emergency vehicles, including Fire & Rescue and paramedics, may be delayed or prevented from reaching people in need. Residents cannot move freely to and from their own homes. People have reported crimes within the occupied area, including assaults. Portland Police recommend that anyone without a need to be in the area avoid it.
Those in the area immediately impacted along North Mississippi Avenue between North Skidmore Street and North Prescott are severely affected. Anyone there should exercise caution and stay inside if they feel unsafe. Witnesses to crimes in progress in addition to the occupation are asked to report it to police.
They were served a citation for a $500 fine to be assessed each day
Springfield restaurant, Along Came Trudy, drew large crowds in protest to the Governor Brown's recent shutdown orders. Owner Trudy Logan opened Along Came Trudy for indoor dining against the Governor’s orders and the community came out in support.
On December 4th, The Oregon Occupational Health and Safety Administration served a citation for a $500 fine to be assessed each day that she remains open. Her liquor license was suspended and her lottery contract was revoked. Trudy maintains that If she complies and closes her doors, she will have to close permanently as many other small local businesses have already done.
Trudy continues to give back to the community on a daily basis. They are taking every precaution to ensure that the facility is safe and clean, even making adjustments to help maintain clean air quality, but no amount of safety precautions seems to matter when carrying out the Governor’s orders.
Trudy intends to keep the Along Came Trudy open Monday through Friday 7:00am to 2:00pm. They will be providing an option for dine-in (as space permits) and take out. However, she is asking for support to pay legal fees and fines.
What it will take to get students back into classrooms?
Portland Public Schools has sent an announcement to its families and staff, inviting them to a virtual panel discussion on Monday, viewable on their YouTube channel on the link below, about COVID-19 and school re-opening plans. The announcement, sent via email, reads:
Dear PPS Families and Staff,
You are invited to visit the PPS YouTube channel Monday evening for Schools, COVID and Shared Understandings, a two-hour virtual panel discussion where the Board of Education and our larger community will hear from public health experts and district leadership on the district’s planning and decision-making for school re-entry. The discussion will address questions including why we are in Comprehensive Distance Learning now and what it will take to get students back into classrooms. Our public health experts will also have the latest information about COVID vaccines.
Schools, COVID and Shared Understandings
Virtual Panel Discussion
Monday, December 14
6:00-8:00 p.m. PPS YouTube channel
Oregon Republican Senator Dennis Linthicum has issued a statement about the unconstitutional government response to COVID-19 that has led to the destruction of Oregonians’ livelihoods while big government has grown exponentially.
“Oregonians’ constitutional rights are under attack with the never-ending statewide lockdowns
that cause significant destruction. Governor Kate Brown and her bureaucratic demolition crew
continue to ladle cash and benefits to their own, while penalizing small business owners,
especially those in the food service industry. Oregonians across all economic classes are being
horrifically harmed by the governor’s crafty, pernicious, and unconstitutional mandates.
“Every business is essential because every business employs people who rely on their jobs to
feed their families. With COVID-19 as the scapegoat, the government has created arbitrary rules
that determine winners and losers in its preparation to invade every aspect of Oregonians’ lives,
eliminating free enterprise and American liberty in the process. Logical, data-driven and
science-based policy decisions, rationally understood, would not put Oregonians in this
predicament, especially when the infection fatality rate is startlingly low.
“Led by Gov. Brown, the government has prioritized its gluttonous coffers over the hardworking Oregonians who pay their salaries.
“The detrimental impacts inflicted by Gov. Brown’s public health and government chums will
take decades to repair and the only solution is to free Oregonians so they may to get back to their
own lives.â€
With Governor Kate Brown's mandated shutdowns of businesses extended now til at least the end of the year 2020, many Oregonians are reportedly beginning to question whether the state will ever cede it's newfound powers that have materialized from the Coronavirus epidemic.
It seems that opportunists among those in power in Oregon are now wanting to see how much farther that power can be taken. Two legislative concepts have been introduced which will be considered in the third special session of 2020.
These concepts will become bills if passed by the Oregon legislature and will supposedly be passed in order to help stabilize the renting and housing market in Oregon which has been devastated by Kate Brown's moratorium on evictions and foreclosures.
Both of these bills, LC0017 and LC0018 will likely be passed by the legislature with the attachment of the Emergency Clause, making them go into effect immediately.
In co-operation with county emergency management agencies
An Oregon Special Session Legislative Concept(LC) has been proposed which would direct the Oregon Business Development Department to establish program to create the Oregon Critical Disaster Preparedness Stockpile to ensure robust stock of emergency supplies and equipment.
LC0003 would direct the Oregon Homeland Security Council, in consultation with Oregon Health Authority and relevant state agencies, to develop a list of essential equipment, materials, supplies,distribution channels and manufacturing capabilities for stockpile, including personal protective equipment, communicable disease testing equipment and all-hazards emergency surge supplies.
The program would be administered by the department in co-operation with county emergency management agencies and the Office of Emergency Management.
The often used emergency would be declared in the state legislature, making this law effective immediately upon it's passage.
Restaurant industry needs help amid Oregon lock-down
In what will be Oregon's third special legislative session of 2020, a first ever "Catastrophic Special Session" may soon be called for by Oregon's governor in order to address some of the complications which have arose during the prolonged state lock-down mandates of 2020.
A number of Legislative Concepts(LCs) have been released by the Oregon House Legislative Director, including LC 10 which will allow holders of full on-premises sales license to sell and deliver mixed drinks in sealed containers for off-premises consumption. The so adopted rule will require one substantial food item ordered for every two mixed drinks. In other words, up to two alcoholic beverages may be allowed to be sold alongside one "substantial" food item for delivery.
This seems like common sense legislation to many observers, and some would say it is long overdue considering the difficult year that 2020 has been for food and service businesses as well as consumers in Oregon. With dine-in services mandated closed by one-size fits all government policies, the businesses who do manage to stay open and operate are innovating in any way they can to exist under such totalitarian policies of the state. If the legislature decides to allow these cocktail deliveries it made give some freedom to these industries that certainly need it right now.
The Emergency Clause would be used in this legislation in order to have it go into effect immediately.
This proposed law would sunset 60 days after date on which the declaration of the state of emergency as issued by the Governor is no longer in effect.
Oregon's Governor Kate Brown has yet to officially declare the Catastrophic Special Session, but the likelihood of that happening is great, according to insiders.
Oregon lawmakers are again proposing a mandatory vaccine bill for children. Why now? The regular session is scheduled to begin January 19, 2021 and a previous iteration failed in 2019. The bill draft known as Legislative Concept 1701 for mandatory vaccines in order to attend school is available to read here. A few clues are in the verbiage of the bill as you read on. The summary follows:
Removes ability of parent to decline required immunizations against restrictable diseases on behalf of child for reason other than child’s indicated medical diagnosis. Allows child who is not immunized or exempt for reason of indicated medical diagnosis to attend school that provides education pro- gram through online courses. Prohibits child from attending in person specified school-related events, meetings and opportunities. Allows Oregon Health Authority to recommend diseases in addition to restrictable diseases against which children may be immunized.
Directs boards that regulate certain licensed health care practitioners to review documents completed by licensed health care practitioners granting exemptions from immunization requirements because of indicated medical diagnosis. Defines “licensed health care practitioner.†Requires boards to annually report to authority on results of review. Requires authority to re- port annually to Legislative Assembly on reports submitted to boards.
Directs authority to establish outreach and education plan regarding disease control in schools.
Allows child who is not immunized to continue attending school in person until August 1, 2022. Allows child who is not immunized and has schedule for immunizations approved by authority to continue attending school in person after August 1, 2022.
Declares emergency, effective on passage.
Anyone surprised there is an emergency clause?
What this means is that your child cannot go to school unless he has received all 69 doses on the childhood recommended schedule. There were only five on the schedule when parents over 40 were vaccinated. Remember, we previously reported on the CDC’s ACIP committee voting to add the COVID-19 vaccine to the adult schedule for healthcare workers and long term care staff residents. When will the ACIP vote to add this to the childhood schedule? The inequity of this bill would be detrimental to many children including underserved and minorities. Access to services for those with disabilities has been lacking with the current lockdowns and will further be denied with the passage of this bill. Families now struggling with distance learning would continue to be left behind. All children have a right to a fair and equitable education. No vaccine is 100% safe or effective and since it is not a fail safe, children should not be punished for missing even one vaccine on the schedule.
Bill sponsors would have you think that this is not a mandatory vaccine bill, but one could argue that without choice, there is no freedom. Democrat and previous bill sponsor, Representative Marty Wilde even said as much when he lobbied against Measure 106, “Choice without access isn’t a real choice.†Or does that only apply to abortions?
Make no mistake this is a mandate bill. Coercive measures like this bill draft are being used to force a medical procedure.
Medical Exemptions for previous harm or injury or family history of adverse events is as elusive as Oregon’s sasquatch and this bill draft would further tighten the screws in its formation of a special medical board to approve of medical exemptions. It removes the doctor patient relationship and puts medical decisions into the hands of unelected bureaucrats like self proclaimed economist, Pat Allen, Director of Oregon Health Authority. In Oregon, the OHA limits their medical exemptions to anaphylaxis, encephalitis, or immunodeficiency only for the live virus vaccines like MMR & Varicella. These are the children they claim need our “herd immunity†help and they have only approved .00013% of them. That is the real risk number. 2.4% of non medical exemptions are mostly students who have experienced any of the red box side effects but were told their injuries don’t qualify. 2.6% of the non medical exemptions are mostly siblings or children who experienced those injuries. Those who need medical exemptions cannot get them no matter what their doctors say.
For some, lack of choice is the crisis. This is the real emergency.
Governor of Washington Jay Inslee today announced additional money to be spent by the state for workers and businesses impacted by the COVID-19 pandemic. Inslee also announced a three-week extension of the state’s current restrictions which will now be in place until January 4, 2021.
Washington has distributed billions of dollars in federal and state funds to help all of the state’s industries and workers impacted by this lock-down.
Inslee was joined by Department of Commerce Director Lisa Brown who announced an additional $50 million to be spent. Industries recently shut down, such as restaurants and fitness centers, as well as businesses that have been devastatingly impacted throughout the lock-down, like music and event venues, have been prioritized.
“The needs among our small businesses are profound, and speed is of the essence,†Brown said. “This additional funding allows us to double the number of small businesses we can provide aid to, but we know it’s not enough."
Unemployment Insurance
In addition, Inslee also announced the state’s readiness to step in in the case of congressional failure to extend the Pandemic Unemployment Assistance funding in the CARES Act by the end of the year. Washington will be able to fill some of the funding gap for residents that aren’t eligible for regular UI, such as self-employed workers, freelancers and independent contractors.
“Whether it is through federal or state aid, if Congress fails to act by Christmas, we will step up to help workers and their families who are not covered by pre-pandemic unemployment insurance benefits,†Inslee said.
Restriction extension
The three-week extension of statewide restrictions come as the the effects of Thanksgiving on infection and hospital numbers are still unknown. Although that is unknown, this extension is meant to grant the state’s medical system extra time to increase Intensive Care Unit (ICU) capacity.
We need people to mask up, stay home as much as possible and delay gatherings with anyone outside your home.†said Secretary of Health John Wiesman.
Currently, nearly 80% of ICU beds in Washington are currently occupied, with around 1,000 residents in those units.
“They’re not all COVID patients taking up the ICU beds, which is very important to remember.†Inslee said. “We are all... in this together.â€
Just in time for businesses to come up with a pot of money to pay additional taxes
Following Oregon Governor Kate Brown’s release of a short budget calling for a tax increase on mostly small businesses, Democrats released a tax bill for a third Special Session that also hits mostly small businesses. Despite the cry for more federal money the Governor’s budget is aimed at an additional $55 million to prop up her new freeze estimated to increase unemployment for 51,000 more Oregonians. Along with the undistributed federal stimulus funds, her budget states, “Oregon remains in a healthy position to meet future challenges. The budget includes over $293.8 million in increased revenues and leaves $243.3 million in the General Fund. In addition, by the end of the 2019-21 biennium, the Rainy-Day Fund is projected to have a balance of $942.3 million.â€
In light of all the prudent savings, why are Democrats proposing a bill in the form of Legislative Concept 2 to disconnect Oregon Tax Returns from federal tax provisions for certain net operating costs, including federal repeals of previously enacted limitations on deductions by requiring additions to federal taxable income for Oregon tax purposes? Businesses taking advantage of carryback deductions did so to cover operating losses. Now they are being told to recalculate their taxes.
Oregon has a rolling tie to changes made to the definition of federal taxable income. Most information to support the amounts on Oregon’s return comes from the federal return. Even when Oregon law differs from federal law, the state still needs information from the federal return (ORS 314.380).
ORS 316.028(1) requires that in the computation of state taxable income the net operating loss, net operating loss carryback and net operating loss carryforward shall be the same as that contained in the Internal Revenue Code as it applies to the tax year for which the return is filed, and shall not be adjusted for any changes or modifications contained in this chapter or by the case law of this state.
The proposed LC 2 changes ignores that filings “shall not be adjusted…†and adds to the federal taxable income an amount equal to excess business loss deducted going back to January 1, 2018 and a termination date of January 1, 2021, clearly expects failing business to fill-in for lost revenue.
Section 3 adds the sum of the carryback deduction and the amount that net operating loss deduction exceeds 80% of adjusted taxable income. Adds back any carry-back amounts and net operating losses to January 1, 2018 terminating January 1, 2021.
Section 4 adds federal taxable income the amount by which business interest deducted that exceeds 30% of current tax year adjusted taxable income. That 30% isn’t protected. Under Section 6 it adds back to the federal taxable income that 30% deducted. Applies to years 2019-2020.
Some think it is unconstitutional to change taxing retrospectively, as it is with any contract -- not to mention that the Governor’s proposed budget increases taxes on small businesses harder than big corporate businesses. Business closures have impacted small businesses the hardest without relief in sight.
Oregon Constitution, Article IV, Section 25(2) requires a “three-fifths of all members elected to each House shall be necessary to pass bills for raising revenue.†However, clever labeling has allowed many backdoor taxes to be passed by the legislature. LC 2 is no exception.
Proposed is the reinstatement of lower limitation on business interest deduction, limitations on deductions for excess business loss and net operating loss carryforwards. It disallows a five-year carryback of net operating loss, for Oregon personal income tax purposes, but waives any penalties or interest due to recalculation on what has prior approval.
“Section 10. This 2020 third special session Act takes effect on the 91st day after the date on which the 2020 third special session of the Eightieth Legislative Assembly adjourns sine die.†That projects an effective date of mid-March, just in time for businesses to come up with a pot of money to pay additional taxes on April 15 to cover past problems they thought were resolved with prior tax filings.
On Monday December 7th, the Oregon School Activities Association(OSAA) decided to push back the start of its sports seasons as it continues to navigate the COVID-19 lock-downs.
The executive board moved to adopt a three-season plan with six-week seasons, starting with fall sports contests March 1 and followed by spring (April 12) and winter (May 17). The seasons include an “opt-in culminating week,†an option for postseason competition.
Fall sports practices are scheduled to begin Feb. 22, except for football, which will start Feb. 8. Spring and winter practices begin April 5 and May 10, respectively.
“It's a moving target,†OSAA executive director Peter Weber said of altering the calendar. “We needed to make a decision. I think the board made the right decision.â€
The board voted in August for a plan that would have opened winter sports practices Dec. 28, hopeful that state guidance would allow for schools to return to in-person learning. But virus cases and testing have increased throughout the fall, with 25 of the 36 counties – and all but 42 member schools – currently in the “extreme-risk†category.
“As we're looking to provide as much time as possible to lower case counts and get counties out of the extreme-risk level, if possible. We thought that this timeline made sense.†Weber said.
Considering many districts end their first semester in early February, Weber said that moving the start to late February is potentially a good fit for schools that could return to in-person learning. Also, the weather later in February would better accommodate the outdoor fall sports.
The previous plan had seven-week seasons, plus the culminating week. The new plan calls for six-week seasons that include the culminating week.
“Obviously, they're shorter seasons, but they also provide three distinct seasons and continue an opportunity for all kids to be involved, hopefully,†Weber said. “It's shorter than we would like, and not as soon as we would like, but we feel like it's realistic and something that we can put into place.â€
The board also considered a two-season plan with nine-week seasons. In that plan, the first season (February to April) would have included fall sports, golf and swimming, and the second season (April to June) would have had spring sports, basketball and wrestling.
Ultimately, the board believed that stacking sports would have created too much difficulty for smaller schools.
“While there was some support for the idea that there would be longer seasons, and provide some flexiblity, in the end, the stacking of sports on top of one another was difficult for the board to move beyond,†Weber said.
The board did approve extending the current Season 1 period, which lifts restrictions for out of season coaching, through Feb. 21.
