Two federal cases are redefining diversity policies according to the constitution and these might have an impact on Oregon.

First, U.S. District Judge Reed O’Connor ruled to approve a temporary restraining order forbidding President Biden’s administration from giving out grants in a program aimed at prioritizing applicants due to their race and/or gender and told plaintiff, Philip Greer, he is likely to succeed. Greer prepared an application on behalf of his restaurant and is otherwise eligible to receive Restaurant Revitalization Fund grant, but for the allegedly unconstitutional prioritization scheme.

More recently federal Judge William Griesbach in Wisconsin sided with White farmers and ranchers, including Adam Faust, a double amputee and the owner of a dairy farm. The judge issued a temporary restraining order on the Department of Agriculture program that was to start paying out and forgive loans for Black and other minority farmers. The assistance program, which was passed by the Senate as part of the Biden administration’s $1.9 trillion stimulus relief package, was intended to correct long-standing disadvantages faced by Black, Latino, and other minority farmers in getting loans from banks and the government. The plaintiffs argue the program is unconstitutional because it discriminates against them.

White farmers in other regions of the country are also suing the debt relief program. Adding to the constitutional issue is the prohibition by the Civil Rights Act of 1864. Loans based on race and sex are not allowable under Title VI.

COVID-19 has been used as an excuse for disproportionately affecting communities of color making it more difficult to access relief programs due to systemic racism and other issues. But judges aren’t buying the argument. Representative Ken Helm (D-Portland) and Senator Lew Frederick (D-Portland) are tempting Oregon businesses to join suits by introducing HB 2518. This bill establishes and allocates funding to the Oregon Brownfield Properties Revitalization Fund to support a forgivable loan program for owners or operators of brownfield properties that incur eligible costs in the recovery of the brownfield property. A brownfield is a former industrial site that is environmentally contaminated

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HB 2518 runs into shady territory by requiring Business Oregon to develop the forgivable loan program for minority-owned and woman-owned businesses, and emerging small businesses controlled by socially disadvantaged individuals as defined in ORS 200.005. That definition identifies businesses owned and controlled by women, veterans, and people deemed “socially and economically disadvantaged.” A minority-owned business is at least 51 percent controlled by minority individuals, women or disabled veterans. Minority individuals are any race but White.

HB 2518 strays from its focus on restoring brownfields and obligates the state -- that is, the taxpayers -- to pay for the restoration so social disadvantaged can use it for businesses. It seems the legislators have been doing the two-step skirting around federal laws on a number of fronts.

• SB 79 authorizes Housing and Community Services Department to provide grants and technical assistance to organizations increasing homeownership program access to persons of color. (Governor Brown signed)
• HB 2086 appropriates moneys to Oregon Health Authority for programs that provide culturally specific services that are directly responsive to and driven by people of color and people of lived experience, and for medical assistance reimbursement of tribal communities. (Assigned to Ways & Means Subcommittee on Human Services)
• HB 3110 requires board of directors of publicly traded corporation to have specified proportion of female directors and directors who are members of underrepresented communities. (In Senate Rules Committee)

Governor Brown physically changed Oregon’s objective from equal to equity. Equity is the opposite of equal opportunity. Equity demands an equal outcome and that only happens when you gerrymander to favor one group over another.


--Staff Reports

Post Date: 2021-06-14 08:42:43

Last Update: 2021-06-14 09:58:31

As Oregon limps toward a 70% vaccination rate, we're sitting within sight of the target and the rate at which people are being vaccinated is dropping seriously.

It's not hard to speculate as to why the rate of vaccination is dropping. Those willing to be vaccinated -- some people would have crawled across broken glass to get the vaccine -- have all been done. Large, easy to herd groups that would be considered low-hanging fruit by the number-counters have probably been done. These would be large employers, large living situations, etc.

What's left on the last few uphill miles on the road to 70% are people with medical issues who are reluctant to get the vaccine, and rural, hard-to-reach people who, in addition to being hard to get to, might not be so warm to getting the vaccine. Part of getting some people to get the vaccine involves trust and it seems that trust has been trampled on at nearly every turn by the Governor and the Oregon Health Authority.

"Oregon is so close to more fully reopening our economy, and I am grateful to everyone who has stepped up to get vaccinated. We will soon need to reach fewer than 100,000 Oregonians to achieve our statewide vaccination goal of 70% and lift the county risk level framework," said Governor Kate Brown.

Democrat Counties are doing better than rural ones. Washington and Hood River Counties lead with 71%, followed by Multnomah and Benton Counties with 70%. Vaccines seem not to be a priority in Lake County where scant more than a third of the residents have been vaccinated. Are the low numbers in Eastern Oregon due to an inability to overcome the logistical challenges of administering vaccines to a sparse population, or to the population's resistance to getting vaccinated -- perhaps driven by the sparseness of the population. Someone who lives 30 miles from the nearest town and 10 miles from the nearest neighbor might not see the need.

Though there doesn't seem to be any basis in science for the threshold of 70%, it's an important number. We're getting to the point where the continued COVID-19 regulations will have more than just economic consequences. They will have political consequences.




--Staff Reports

Post Date: 2021-06-13 20:37:24

Last Update: 2021-06-14 08:42:43

If you are one of many that look at bill sponsors to give you an idea of which way the bill might be leaning, that all goes out the window when a bill is “gut-and-stuffed.” Take for example HB 2962. It was introduced with bi-partisan sponsors directing school districts to evaluate instructional needs of students as a result of school closures due to COVID-19 and to report summaries of evaluations to Department of Education. But, before the first hearing took place, one of the sponsors proposed a “gut-and-stuff” amendment changing the trajectory of the bill.

Representative Teresa Alonso León (D- Woodburn) cosponsored HB 2962, but turned on her cosponsors and submitted an amendment that now requires the Legislative Policy and Research Director to conduct a study based on disaggregated data of student groups, including students from racial or ethnic groups that have historically experienced academic disparities, students who have a disability, economically disadvantaged students, students from different geographic regions of this state, students who are parents and students who are English language learners -- now in the Ways & Means Committee.

Science News reports that education researchers have found major flaws in the education policy aiming to have ability groupings as the norm in key subjects. Two new separate studies show that sorting school children into sets is neither an accurate way of assessing ability, nor is it beneficial to their learning. The study, which analyzed the results of different methods of teaching math in three American high schools, found that an approach that involved students not being divided into ability groups, but being given a shared responsibility for each other's learning, led to a significant improvement in the achievements of high and low achieving students alike. The approach had further benefits in that it taught students to take responsibility for each other and to regard that responsibility as an important part of life.

Professor Jo Boaler, Stanford associate professor of education, states that her "recent study of a new system of grouping in the US showed that the system benefited students at high and low levels and the high attaining students were the most advantaged by the mixed ability grouping, because they had opportunities to learn work in greater depth."

Studies that segregate are demoralizing the groups they are intended to benefit by singling them out for specific help. The studies show that challenging students equally and together produces far higher results.

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There are other useful research requirements in HB 2962, but it is now looking for one solution to fit the entire state and removes flexibility from school boards to adapt to their district’s own needs.

Other bills that tout this disaggregation of students into groups are:

• SB 227 appropriates moneys from General Fund to provide professional learning opportunities related to ethnic studies standards. (In Ways & Means Committee)
• HB 3363 establishes Racial Equity and Justice Student Collaborative work group to develop a process for individuals to apply to become a member of the collaborative. (In Ways & Means Committee)
• SB 732 requires school districts to establish educational equity advisory committee regarding the educational equity impacts of policy decisions and to inform district leaders when situations arise that negatively impact underrepresented students. (House floor vote June 14)
• SB 683 requires school districts to provide instruction on racist history of this country and state. Implements a 1619 Project-type curriculum. (Dead in committee)
• HB 2056 allows non-English students to fulfill graduation requirements by taking language arts classes in their native languages to satisfy diploma requirements English. (Governor signed)
• SB 227 provides professional learning opportunities related to ethnic studies standards adopted by department. (In Ways & Means Committee)
• SB 52 directs Department of Education to develop and implement statewide education plan for early childhood through post-secondary students who identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or gender orientation (In Ways & Means Committee).

We all agree that student’s reaction to the lockdowns went unnoticed too long and now we need to open our schools and let them thrive.


--Staff Reports

Post Date: 2021-06-13 07:43:40

Last Update: 2021-06-12 17:55:24

Art Robinson is a biochemist and a longtime Southern Oregon resident and a Constitutional conservative. He has spent decades standing up to radical environmentalists who continue to threaten our most vital industries like logging, ranching, farming and mining. After repeated defeats for Peter DeFazio’s seat in Congress, he saw a win in replacing Senator Herman Baertschiger for State Senate District 2, which includes Josephine and Northern Jackson counties and the towns of Grants Pass, Central Point, Rogue River, Eagle Point, White City, Gold Hill and Cave Junction.

In 2020, after Robinson switched his race to the State Senate, Daily Kos labeled him as the Crazy/Stupid Republican of the Day for the seventh year in a row. Besides his repeated losses challenging Rep. Peter DeFazio, they labeled him as “the weirdest opinions on science of any member of the GOP we’ve ever profiled.” They weren’t the only ones making fun of Robinson’s scientific theories. If you’re not a scientist, it might be a little difficult to track Robinson’s theories, but much of what he has been saying over the years is becoming reality. After all, he was a professor of chemistry at the University of California until 1972.

Robison isn’t very popular with the Oregon leadership on his support to remove all taxes on energy, but they love tax credits. So, when Robinson sponsored SB 825 to create an income tax credit for energy production and establish a task force on free-market energy production, it was given a courtesy hearing. But that’s all it was, the bill died in committee.

That hasn’t stopped Senator Robinson from getting his message out. At almost every Senate floor session you can hear him deliver a two-minute speech about science. He starts by discussing how much of climate change is related to human activity. “Your carbon footprint is not causing the oceans to rise,” he said in March. Lately he’s been talking about various scientists and building blocks of science, including molecules and amino acids.

In 1980, he established the Oregon Institute of Science and Medicine. Of all the poking fun at his urine collection project, Robinson’s experiment is to catalogize patterns of health issues that could be used for diagnosing such things as early-stage breast cancer or an approaching heart attack. He aims for a cheap noninvasive test that will help a physician in the proper treatment. It is identified as quaky to some, but the potential could be lifesaving.

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So, it’s no surprise that he is one of the sponsors for HB 2648, which allows pharmacist or pharmacy technician to sell drugs containing pseudoephedrine without prescription to person who is at least 18 years of age and presents person's valid government-issued photo identification. The bill goes to the Senate floor for its final vote.

For all the criticism thrown at Senator Robinson, he continues to try and break through the walls of consensus science ingrained in society and distribute a few facts, if only for two-minutes on the Senate floor.


--Donna Bleiler

Post Date: 2021-06-12 16:30:38

Last Update: 2021-06-12 16:43:06

January 6 has been engraved in American history as a day of revolt with a mob storming the United States Capitol. When President Trump invited everyone to come to their State Capitols and Washington DC, a big U.S. flag became the center of attention. There were several people hunting down the 30ft by 60ft “Flag Called Freedom” that had been seen at multiple events up and down the west coast. Last year the flag was seen at "We the People of Lane County" events in Springfield and Salem, the Dunes and Deplorables event at the coast, and the star of the Creswell 4th of July Parade.

The flag belongs to a man named Paul who lives south of Eugene. Ultimately, Paul, his brother and nephew drove the flag on a 42-hour drive to DC for the January 6 celebration. There were at least 20 people that traveled to DC from Oregon.

Once there, the morning of the 6th, the flag was released into the crowd at the Washington Monument where it “Patriot Surfed” through hundreds of thousands during President Trump’s speech. Then parading to the capitol steps, it crowd-surfed with just hands of everyone keeping it up. It was going well like a great celebration should. When the flag made its way to the front of the Capitol, where some scaffolding was standing, it was swept up in the emotion and someone climbed the scaffolding and lifted the “Flag Called Freedom” vertical for all to see, and where it stayed well after sundown.

What happened next has been the topic of the news for the past six months and we still don’t know the truth on what transpired. But the fate of the “Flag Called Freedom” ended up in the Capitol Police hands, when the area was closed off. Since then it has been held in an evidence locker pending an FBI investigation.

None of the people from Lane County are known to have entered the Capitol, but that hasn’t stopped the FBI from interviewing at least seven people from Oregon. So, when Paul was notified, he could have his flag back, it seems people in DC are afraid to retrieve the flag for Paul and send it to him.

Paul purchased his “Flag Called Freedom” as a way to share his love of this country. He has made a legacy of special value for the flag. He plans to get his flag back even if he has to fly to DC and get it himself. In the meantime, he is working several angles including attempting to get staff from Representative Cliff Benz’s office to ship it, whom also seems to be afraid of getting into a political mouse trap.

Paul says his plan for the “Flag Called Freedom” is to auction it off and give the proceeds to a nonprofit veterans group. That isn’t the end. Paul plans to buy another “Flag Called Liberty.” In the meantime, the “Flag Called Freedom” will again be at the Creswell 4th of July Parade, and if you see it there or the next time you attend a rally, look for the enormous “Flag Called Freedom” and give Paul a thumbs up.




--Donna Bleiler

Post Date: 2021-06-12 15:04:55

Last Update: 2021-06-12 16:43:40

Oregon is out of step with an unprecedented wave of states passing pro-life laws preventing abortions after six or eight weeks. Nine states passed laws in 2019, and in 2021, 46 states introduced 536 pro-life bills with 61 new pro-life laws, many recognizing the civil rights of unborn children. In Oregon, six abortion bills were introduced, but none received a hearing.

Two bills in Oregon are aimed at live birth abortions that take place after a fetus is viable and would survive. HB 2699, and SB 586 requires health care practitioner to exercise proper degree of care to preserve health and life of child born alive after abortion or attempted abortion. It requires the health care practitioner to ensure a child born alive is transported to a hospital.

The bill defines “born alive” as the complete expulsion or extraction of a child from a person at any stage of the child’s development and after the expulsion or extraction, the child is breathing or has a beating heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether the umbilical cord has been severed or not. Expulsion or extraction may occur by natural or induced labor, cesarean section or induced abortion.

On June 10, Senator Kim Thatcher moved to withdraw SB 586 from the Committee on Health Care for discussion on the floor. The motion to withdraw failed with 11 Ayes, and 18 Nays. The vote was along party line with Democrats voting Nay.

Senator Thatcher’s explanation was to “close a gap in Oregon law providing protection for a child. The Federal Born Alive Infants Act defines the infants as persons but there are no guarantees they are entitled to the same level of medical care as a baby born of the same age. This bill would have made it clear that a baby surviving a failed abortion receive the same medical care as a baby born of the same gestation age without the attempted abortion.”

Senator Thatcher goes on to describe that a “January 2020 survey shows there is strong bi-partisan support for this concept in Oregon. Seventy-eight percent of Oregonians believe that a baby that survives a failed abortion should be given the same level of medical care that a baby otherwise born of the same age. We always try and protect the most vulnerable among us and who is more vulnerable that this tiny little human. These babies should be given the same level of care regardless of how they are brought into this world.”

Senator Linthicum also made a vote explanation saying, “the issue isn’t whether it’s a failed abortion or not, the issue is worthy of debate because it would simply allow a live human being to be treated with the same level of care as any other live new born human being. This is worthy of debate on the Senate floor as an important ideological discussion.”


--Donna Bleiler

Post Date: 2021-06-12 12:00:34

Last Update: 2021-06-13 14:41:50

Jessica Gomez wears many hats, but will put that all aside for a 2022 run for Oregon Governor. As CEO of Medford’s Rogue Valley Microdevices, she earned recognition by the Portland Business Journal on the 2021 list of “Women of Influence.” She currently serves as Chair of the Oregon Tech Board of Trustees. She has also been honored as Jackson County/Medford Chamber Member of the Year, most recognized speaker at MEMS World Summit, and selected as the first executive in Spotlight on SEMI Women.

Jessica moved to Oregon at age twelve. Her dad started a cabinetry making business right as the timber industry started declining. Watching her dad struggle impacted her on the plight of rural Oregon and the reliance on timber. After moving to Long Island to live with her grandmother, then moving to Los Angeles in 2000 to begin a career as programmer/analyst, she meant her husband. In 2003, the dot.com bubble burst and being out of work, they moved back to Oregon. Not finding jobs, they borrowed funding to start Rogue Valley Microdevices. They now employ 20 employees.

Jessica is “passionate about transforming the community and driving the technology industry into a new phase of innovation. I believe technology has limitless potential and impacts everything from farming, to the Internet to medical device manufacturing and much more.”

In her announcement to run for Governor, Jessica states, “It is time for Oregonians to work together to build a future in which we can all be proud. I firmly believe the strength of our state lies in our differences.”

In an interview with kdrv.com, she said Oregon hasn’t had a business owner for Governor for a very long time that understands the challenges of business. Coming out of the pandemic we need to focus on our businesses. Her priority is to work on key differences. We are a diverse state, which is our strength. Finding ways to support growth through broadband and water structures so all of Oregon can grow.

Jessica Gomez isn’t new to politics. She ran for Oregon State Senate to represent District 3 in 2018 and only lost by ten percent to her Democrat opponent, Jeff Golden.


--Donna Bleiler

Post Date: 2021-06-11 17:31:50

Last Update: 2021-06-12 22:28:42

The Oregon Department of Veterans’ Affairs is informing veterans, spouses, employees and others who received their COVID-19 vaccine through the Federal VA Health Care System, on Tribal lands or out of state, that they will need to take an additional steps to be entered in the state’s COVID-19 Lottery on June 28.

While most vaccinated Oregonians were entered in the state’s drawing automatically, those who received their shots at the VA or out of state were not, due to privacy laws that prevent federal agencies from sharing protected information with state partners. Therefore, the State of Oregon is offering the chance for those who were not entered automatically to voluntarily self-register at takeyourshot.oregon.gov.

The personal information submitted will supposedly be held securely by the Oregon Health Authority. It is only supposed to be used for this drawing. For those who wish to enter, please ensure that you submit your registration form by June 27.


--Bruce Armstrong

Post Date: 2021-06-11 16:53:27

Last Update: 2021-06-11 17:03:40

The expulsion of Mike Nearman from the Oregon House of Representatives has reached national news and is a call for everyone to opine on the issue. It's also an occasion to reflect on how others have been treated recently in the Capitol and how their treatment compares to Nearman's.

For instance, Senate Majority Leader Rob Wagner issued a statement on Nearman's expulsion.

“I support and respect the vote the House of Representatives took this evening to expel Mike Nearman. His actions were abhorrent. On December 21, 2020, those who work in the State Capitol were rightfully afraid for their safety. Their loved ones at home were afraid for their safety.

“The individuals who trespassed the Oregon State Capitol, facilitated by now-former Representative Nearman, were intent on harm. They had ties to right wing extremism and white supremacist groups, and many were armed.

“His abhorrent actions warrant this historic response. It is right that he is being held accountable by his colleagues, and I hope he is also held accountable in the court of law.”

Senator Wagner forgets that -- at least now -- armed people are allowed in the Capitol. And as much as Senator Wagner tries to tie Nearman to "white supremacist groups," he has been accused of racism for his mishandling of a hazing incident directed toward a black student as chair of the Lake Oswego School District.

The harsh treatment of Nearman stands in contrast to the comparatively lack of any serious consequences for Representative Brad Witt (D-Clatskanie).


--Staff Reports

Post Date: 2021-06-11 16:49:23

Last Update: 2021-06-11 17:31:50

The House of Representative unanimously passed SB 649. ‘Bailey’s Bill’ would close a loophole in state law that lets teachers off with lighter penalties than coaches for sexually abusing students.

“I am proud to have gotten this important legislation across the finish line, but the true champion is Bailey,” said Senator Bill Hansell (R-Athena), the author of the legislation. “Her courageous voice and strong advocacy made it possible. Thank you to my colleagues in the House for passing this important bill.”

Representative Bobby Levy (R-Echo) carried the bill on the House floor.

“Bailey’s advocacy will give other girls access to justice that she did not have access to,” Representative Levy said. “It’s been an honor to work with her to pass this bill in the Legislature. It will make our communities a little bit safer for young Oregonians. That is something I am extremely proud of.”

SB 649 now heads to the Governor’s desk for her signature.

The legislation is named after Bailey Munck, a student at Weston-McEwen High School in Athena. In 2019, she was sexually abused by her English teacher after a state playoff volleyball game in Coquille. The teacher was the scorekeeper for the volleyball team.

After pleading guilty to sexual harassment and touching, her abuser spent only 2 days in jail and 5 years of probation. He did not have to register as a sex offender. If he would have been Bailey’s coach, he would have been convicted of a Class C felony and received up to 5 years in jail and a $125,000 fine. Because he was Bailey’s teacher, he barely got a slap on the wrist. SB 649 would put teachers on the same level as coaches for penalties of crimes of sexual abuse in the second degree.


--Staff Reports

Post Date: 2021-06-11 16:43:29

Last Update: 2021-06-11 16:49:23

The Oregon House of Representatives has voted to expel Representative Mike Nearman (R-Independence) for his December 21, 2020 exiting of the Capitol which allowed people into the building. Criminal charges have been filed against Nearman, who has maintained that the Capitol should be open during the legislative session. No legislator has ever been expelled from the body in the history of the State of Oregon.

The case has made national news as a video -- recently leaked from evidence in the trial against him -- has come to light showing him speaking to a group from Oregon Citizens Lobby about entering the Capitol during one of the 2020 special sessions.

Article IV, Section 15 of the Oregon Constitution describes expulsion from the Legislature. "Either house may punish its members for disorderly behavior, and may with the concurrence of two thirds, expel a member; but not a second time for the same cause."

In his speech on the motion to expel him, Nearman read the portions of the Oregon Constitution which talk about the right of the people to instruct their legislators and the requirement that legislative deliberations be open to the public. He chided the assembly for keeping the Capitol closed:

"It’s June 10 and we’re three weeks from the end of the session and this building is still closed to the public. After the afternoon floor session this afternoon, we’re all going to go out to dinner, or stop at the grocery store, or tomorrow go shop for clothes or get our oil changed, because all of those places are open. But not this building."

Democrats brought the motion to expel Nearman in a surprise move just days before he was scheduled to appear before the House Committee on Conduct on a complaint that he created a hostile work environment. The expulsion vote required a 2/3 majority, so at least three Republicans were needed to vote to expel. The vote was unanimous, except for the vote of Nearman, who voted not to expel himself.


--Staff Reports

Post Date: 2021-06-10 20:01:34

Last Update: 2021-06-10 20:58:21

Homelessness is one of the hottest topics at all levels of government, but it seems that no matter how much is done or how much is spent, the problem never gets better. It always gets worse.

Now, the Oregon Legislature is considering HB 2004, introduced by House Speaker Tina Kotek. The bill allocates millions of dollars "to support emergency shelters through grants to local community organizations for the acquisition, retrofitting and operation of emergency shelters throughout this state."

The bill first was written to send the money to the Oregon Housing and Community Services Agency to provide funding for low-barrier housing. Low-barrier housing is housing that has fewer rules -- euphemistically known as barriers -- such as requirements that the resident be drug-free, sober, not have pets, etc. It has since been amended so that the nearly $10 million in grant money will be distributed by a non-profit organization, the Oregon Community Foundation.

It's worth asking why the money goes to a non-profit -- especially one where at least nine of the 15 board members are Democrats, and many of them high dollar donors to Kate Brown. Is it because if the money stays in a state agency, there is accountability and if it goes to the non-profit, the public loses the ability to watch the money.

One legislator had this to say, about the bill. "It's appalling, the lack of creativity that we have in finding solutions to the homeless problem. Sending $10 million dollar in a grant to a non-profit so that they can give out grants, doesn't seem like a solution."


--Staff Reports

Post Date: 2021-06-10 12:31:28

Last Update: 2021-06-10 18:20:43