Oregon Republican Party State Central Committee Meeting
Saturday, May 21, 2022 at 7:30 am
Including election of a new Vice-Chair
Marion Post 661 VFW
630 Hood Street, NE
OREGON FREEDOM RALLY
Saturday, June 4, 2022 at 12:00 pm
Oregon's premiere annual event for grassroots conservatives sponsored by Oregon Liberty Alliance and others. Featuring Dinesh D'Souze, Elisha Krauss, Scott Rasmussen and Isabel Brown. Lunch included at $65 per person, under 16 are free. Doors open at 11am to network with exhibitors. Register at: www.OregonFreedomRally.com
Wingspan Event & Conference Center, 801 NE 34th Ave, Hillsboro, OR 97124
DALLAS Community-wide ONE Service
Sunday, June 5, 2022 at 10:30 am
ONE Community joined together for a community wide Worship Service.
Fellowship and coffee at 10:30, Service at 11am.
The World Athletics Championships are coming to Eugene this summer (July 15-24 2022), the first time in history that the championships will be held in the United States. This mega-sporting event will showcase the best track and field athletes in the world. The event will bring 2,000 athletes from more than 200 nations, all competing for 49 gold medals. About 20,000 to 25,000 attendees are expected per session, with most days hosting two sessions (both morning and afternoon).
Gathering of Eagles/Rally Around the Flag
Saturday, September 10, 2022 at 10:00 am
Watch for details, sign up for Oregon Liberty Coalition (OLC) alerts and information. firstname.lastname@example.org
The Oregon Department of Agriculture (ODA) has announced the appointment of Lauren Henderson as Deputy Director, effective September 29, 2021.
“I can’t think of a better person for the position," said ODA Director Alexis Taylor. "He is a personable, proven leader and creative problem solver who can function strategically in the most challenging situations. I am confident Lauren will continue to provide ODA with strong leadership and stability during this time of transition.”
Henderson takes over for Lisa Charpilloz Hanson, long-time ODA deputy director. Governor Brown named Hanson director of the Oregon Watershed Enhancement Board last week.
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Henderson has a long history with ODA. Before he was appointed deputy director, he served as ODA’s assistant director beginning in September 2006. As assistant director, he served as the agency’s chief financial officer and oversaw multiple ODA programs, including Food Safety, Animal Health, Weights and Measures, Internal Services, and Administrative Support functions.
Under the leadership of four ODA directors, Henderson climbed the ranks, joining the agency in 1999 as the administrator for ODA’s Administrative Services Division. Before coming to ODA, he worked at the Oregon State Hospital, serving in various roles of responsibility.
Henderson is a lifelong Oregonian, born and raised in Madras, a rural agricultural community in Central Oregon. He earned a bachelor’s degree from Western Oregon University (formerly WOSC) and has 35 years of experience working in state government.
School boards are responsible for educating children residing in the district
Turning a blind eye to developing statistics over the COVID vaccines, the Corvallis School Board is considering a vaccine mandate for children as young as 12. The option for parents of students in 6th through 12th grades is to move them to online learning, says Superintendent Ryan Noss who compares the COVID vaccine to the state mandated polio and measles vaccines.
Portland Public Schools’ school board is surveying parents on a proposed vaccine mandate for eligible students.
Parents Rights in Education, Suzanne Gallagher, warns that Superintendents and school boards are colluding to silence parents and by-pass their rights. The National School Boards Association sent a letter to the Biden Administration requesting that parents protesting school boards against mandated masks and vaccines be labeled as domestic terrorists. If parent protests at school board meetings are identified as a terrorist act, then they are subject to arrest under the 2012 National Defense Authorization Act. That Act allows the U.S. Military to arrest and detain any "suspected" terrorist without trial, legal counsel, or accusation of wrongdoing and would subject peaceful protestors, law abiding parents to a five-year prison term.
Are vaccines to protect students against Governor Brown’s welcome sign for immigrants -- of which 18% are testing positive going through Boarder Control Custody? Those not going through Boarder Control are not tested, and only as of October 1, 2021, are applicants required to be vaccinated, which are very few. The Immigrant and Refugee Community expects 1,400 refugees to arrive in Oregon between October 2021 and September 2022. In 2016 Pew Research reported 2.6% of Oregon’s population are illegal immigrants, out of a total of 10% of all immigrants. The Biden Administration is not releasing current numbers, but in 2018 there were 24,167 immigrants in Oregon’s school system. Not to worry, SB 778 funded $1.38 million and Governor Brown has requested $4.3 million federal funds. However, none is routed to schools for teaching English.
The U.S. data for children 12 to 17 from Vaccine Adverse Event Reporting System (VAERS) report tallies 14,648 total adverse events as of September 24. 2021, including 985 rated as serious and 15 reported deaths, despite the fact that parents are told repeatedly this vaccine is “safe and effective.” What is most disturbing is clinical trials show that there is approximately 1 in 1000 chance of paralysis in kids receiving the injection. The FDA has not investigated this. Instead, they have notified hospitals to expect an increase in paralyzed children within 48 days of receiving the shot. Children have zero statistical chance of death from COVID-19 so why push a shot that may paralyze them?
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Canadian immunologist and vaccine researcher Byram Bridle, Ph.D. interviewed on Fox News has gained access to Pfizer’s biodistribution study from the Japanese regulatory agency. The research, previously unseen, demonstrates a huge problem with all COVID-19 vaccines. It documents the spike protein itself is a toxin with the possibility of causing cardiovascular damage and infertility. Within six months six out of ten girls have stopped menstruation, even showing in those that have close relations with a vaccinated person. Another study shows 1 in 317 boys 16-17 years-old will get myocarditis from the vaccine, after the booster it’s 1 in 25. The Guardian reports boys aged 12 to 15, with no underlying medical conditions, are four to six times more likely to be diagnosed with vaccine-related myocarditis than ending up in the hospital with COVID.
School boards best remember their liability under ORS 332.072 Legal Status of School Districts:
All School Districts are bodies corporate, and the district school board is authorized to transact all business coming within the jurisdiction of the district and to sue and be sued. Pursuant to law, district school boards have control of the district schools and are responsible for educating children residing in the district.
There is no question that COVID-19 can be terrible to contract, but not so much for children. The Oregon Health Authority has clearly not gained the confidence of Oregonians for good reason, and now adding a risk liability for school board members. There are lots of reasons to avoid the vaccine, but a reason for taking it can’t be to reduce the risk of death or disability.
The Corvallis School Board’s next meeting is Thursday, October 14.
Editor's note: A previous version of this article had an incorrect date for the next meeting of the Corvallis School Board. The correct date is above.
Senator Dennis Linthcum and Dr. Henry Ealy Set to present at national conference
What began as “two-weeks to flatten the curve” has morphed into blatant fear mongering, unethical mandates and a state of emergency with no end in sight despite a 99.6% recovery rate in Americans under 65 as confirmed by the CDC.
For almost two years now the news has been dominated by one story: a global pandemic that has isolated the elderly, shuttered businesses, closed schools and created trauma for young people.
During this time, suicides have spiked, friends and neighbors have turned against each other and everyone has been subjected to an endless barrage of conflicting stories, contradictory advice, and accusations of “misinformation.”
Now we are seeing mass firings of medical professionals, mandates from the federal government to businesses and countless first responders promising to walk off the job if they are forced to be injected against their will, religious beliefs and personal convictions.
Across the globe people are being told they will lose their jobs, their freedom and even their ability to shop for food if they don’t comply with government mandates that so many medical professionals have now openly rebelled against.
In Oregon, and indeed the whole country, citizens have been subjected to a constant barrage of demands from government actors and mainstream media personalities that they must comply with medical procedures they are opposed to. People with sincere convictions against those procedures, and even people who simply want to make their own medical decisions about their bodies, have been ridiculed, accused of killing their neighbors and faced calls that their rights and freedoms be eliminated until they comply.
Meanwhile, alternate opinions have been silenced and cancelled and their authors threatened for speaking up. Even bookseller Amazon has been attacked for allowing books with differing viewpoints to be sold.
Each day, America seems more like the Germany in the 30’s and the Soviet Union. Professionals with respected credentials face losing their licenses and having their reputations smeared simply for disagreeing with the approved narrative. Even while the numbers of vaccine related injuries and deaths continue to mount, and even in the face of uncontested evidence that the COVID-19 vaccines prevent neither infection nor transmission of the disease.
Now, a group of respected professionals with backgrounds in medicine, law, education, and activism have joined forces to produce an event that seeks to provide an opposing view, including Oregon-based speakers Senator Dennis Linthcum and Dr. Henry Ealy.
On October 14th, 15th and 16th, they will be presenting “COVID Conference '21 Solution Summit.”
Dr. Henry Ealy, the executive producer of the event said:
“Our COVID Research Team alone has dedicated more than 25,000 hours into investigating all aspects of COVID-19 and feel that it is imperative to produce high-integrity research to empower elected officials, attorneys, professional organizations, independent media and the public to take action on behalf of good people throughout the world. Why am I doing this? I ask myself this question often, and then I think about Simone Scott, the 19-year old Northwestern student who died horrifically after receiving experimental inoculations. I think about Hayden Hunstable, the 12-year old who took his own life during the despair of being isolated from friends during ineffective lockdowns.”
The event can be attended in person or streamed virtually. You can register for the event, learn more and find out that what makes COVID CON ‘21 unique is that proceeds from attendee registration fees will “go to fund unbiased science and education, as well as expert legal and legislative action coordinated to fight for you and your family’s future freedom.”
The stated aim of this event is to bring “everyone together so that this never happens again.” The list of speakers is “ready to share waves of truth with audiences everywhere to set the record straight and bring forth viable solutions—whether you can join us together in person or virtually you do not want to miss this event.” They are also offering a free guest pass to stream DAY 1 for free “from the comfort of your own home” with preregistration.
Computer models predicted sharp rises in temperatures that never materialized
Alarming reports of the dangers of Climate Change has intensified again with the release of the 4000 page report by the United Nations International Panel on Climate Change. Written by hundreds of scientists on payrolls of UN/IPCC member institutions the report is a watered down version of their proclamations from earlier in this century. The recent report, four years in the making, coincides with legislation at the state and national level. The goal of those sponsoring legislation is to create momentum that capitalizes on emotional decision making and ignores scientific method.
Oregon DEQ, under the direction of Richard Whitman, is closing in on sealing the deal for new Cap and Trade rules. The summer’s heat and drought in the Western States are being used to play on emotions by the majority of uninformed citizens encouraged to ‘do the right thing’ in the quest to become carbon neutral. The Western States cover only 1/40,000 of the Earth’s surface, but if you live here you may be made to feel your human activity imperials the planet.
Beginning in the 1970’s the UN/IPCC launched 102 computer models to predict among other things the Earth’s temperature in future decades. Their premise was that rising CO2 levels would surely be followed by catastrophic rising temperatures. This was a first for the scientific community that knew historically there was no connection between temperatures and levels of CO2. Ice core samples allowed accurate measure of both CO2 levels and global average surface temperatures going back at least 450,000 years.
Why would scientists now proclaim for the first time that rising Earth temperatures were caused by increased levels of CO2? These proclamations coincided with calls for reduction, even elimination of the use in fossil fuels among other measures claimed necessary to save the planet from ruin at the hand of mankind. If they could convince enough people that rising CO2 levels led to rising temperatures the calls for reduced use of fossil fuels would be justified crippling essential energy usage.
CO2 levels did rise from 280 parts per million to 420 ppm. The 102 computer models predicted sharp rises in temperatures that never materialized. The recent 4000 page report comes 12 years later with what some say is a calculated bet that the public will fall for the same lies all over again.
Rep. Dexter works to make rules for healthcare rationing
On August 5, 2021, the Oregon Health Authority adopted a temporary rule requiring healthcare providers and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or face periodic COVID-19 testing by September 30, 2021.
Not to let OHA get ahead of their authority, on August 13, 2021, Governor Brown issued Executive Order 21-29, COVID-19 vaccination requirement for state executive branch. This includes employees in public safety, correctional, and health care settings who are also employed by the state. On August 19, 2020, Governor Brown also announced healthcare workers and all teachers, educators, support staff, and volunteers in K-12 schools would need to be fully vaccinated under a false announcement that FDA gave full approval to a vaccine, both measures take effect October 18, 2021.
On August 25, 2021, the OHA played catchup and changed the temporary rule, OAR 333-019-1010, to require full vaccination by October 18, 2021, and removed the periodic testing requirement altogether, as required by an executive order from Governor Kate Brown. The temporary rule requires healthcare workers in healthcare settings to either be fully vaccinated against COVID-19 or provide their employer with documentation of a medical or religious exception on or before October 18, 2021. In addition, by October 18, 2021, employers of healthcare providers and healthcare staff must have documentation showing that staff are in compliance with the above requirements. The revised temporary rule will remain in effect through January 31, 2022.
Now that we are seeing massive resignations of healthcare providers based on invasion of one’s body, it is leaving hospitals short on staff. Oregon Capital Insider reports that Rep. Maxine Dexter, a lung specialist and intensive care doctor is seizing the opportunity to promote state guidance on rationing. Is this the return of “death panels” feared from Obamacare?
Rep. Dexter claims clinicians are having to make decisions, lacking crisis-care standards, and that is part of what is perpetuating severe stress for some providers, because they don't have a mandated clarity.
The easy solution is to drop the mandates and restore healthcare, businesses, and school operations. Twenty-four states are demanding Biden drop vaccination mandates or face a lawsuit. They are determined to take it to the U.S. Supreme Court if necessary. Biden has since extended the compliance date to November 22. It would be beneficial for Governor Brown to do the same.
Rep. David Brock Smith wrote Governor Brown September 30, 2021, outlining emerging data on the failures of vaccines effectiveness and urged her to change course on her vaccine mandates. “If not for some of the emerging data I have outlined above, then for the freedom of choice for every Oregonian. I encourage you to provide all of the best scientific data to Oregonians and let them make a decision after consulting with their medical professionals. You shouldn’t have to be in a Union to be afforded a delay from your forced vaccine mandates. Data continues to come in and I urge you to delay your vaccine mandates for all Oregonians.”
In the meantime, OHA is proposing to permanently adopt OAR 333-003-5000 and OAR 333-047-2000, relating to COVID-19 vaccine guidance and minor consent requirements. These proposed permanent rules will replace temporary rules set to expire on November 22, 2021.
A public hearing will be held remotely by video or phone conference call on October 20, 2021 at 10:00 a.m. E-mail comments to: email@example.com.
On Thursday, September 30, 2021 at 12:52a.m., Portland East Precinct police officers responded to a report of someone pounding on the doors of a restaurant in the 1500 block of Northeast 103rd Avenue. The restaurant dining room was closed but employees were working the drive-through at the time.
Officers attempted to talk to the man, including an Enhanced Crisis Intervention Team officer that specializes in crisis communication. The ECIT officer used de-escalation techniques including giving the man time and space. He remained uncooperative, so officers backed out and monitored from a distance.
A short time later the man used a rock roughly the size of a grapefruit to break the glass door and access the inside. Employees hid in a freezer room to get away from him. Officers chased the suspect inside, but he barricaded himself in a breakroom. The officers evacuated the employees while they negotiated with the man. After a lengthy communication period, an officer used a sledgehammer to break a window to allow another officer to deploy pepper spray.
After the use of pepper spray, the suspect was convinced to come out and surrender. During the incident, an officer was cut with broken glass. He was treated and released from the hospital.
Anthony Bellamy, 38, was treated medically and then booked into the Multnomah County Detention Center on charges of Burglary in the Second Degree, Criminal Mischief in the First Degree, and Disorderly Conduct in the Second Degree.
In a contentious meeting of the Newberg School District, the board passed a new policy on staff political involvement on district time and using district resources. The board rescinded the motion 28 passed in August, which restricted the display of flags, including BLM and rainbow flags to pave the way for the passage of a policy on staff participation in political activities.
The two-page policy -- which was describe by board chair Brian Shannon as "uncontroversial" -- can be summed up as "No employee will use district facilities, equipment or supplies in connection with his/her political activities, nor will he/she use any time during the work day for such political activities."
The details of the policy are set out in a section entitled "Ensuring Safe Environments to Learn":
No district employee shall, while acting within the scope of their employment, either during school hours, or inside their physical area of responsibility at a school (such as a classroom, meeting room, desk area) hang, post, erect, or otherwise display ( hereafter “display”) any posters, signs, flags, banners, pictures or other digital or physical image that depicts support or opposition relating to a political, quasipolitical, or controversial topic.
For purposes of this policy a controversial topic shall be defined as one that a professional educator could reasonably understand to have students on more than one side of said issue. For purposes of this policy a political or quasi‐political topic includes
contemporary issues being debated in the local, state or national political climate.
Any person concerned with a particular Display should first notify the District employee believed to be responsible for the Display. Alternatively, the concerned person may file a complaint with a supervisor, school principal or the principal’s designee pursuant to District Policy.
The policy was approved by a vote of 4-3 with Directors Dave Brown, Brian Shannon, Renee Powell and Trevot DeHart voting yes and Directors Rebecca Piros, Inex Pena and Brandy Penner voting no.
A Zillah, WA resident on Sept. 29 became the fourth Washington homecare provider to file a lawsuit against Service Employees International Union Local 775, alleging the union forged her signature on a membership form so it could continue collecting regular dues long after she had exercised her right to end her association with it.
Because the forgeries collectively represent a pattern of unlawful behavior by the Union defendants — SEIU local 775 and SEIU International — both are being accused under both the Washington Criminal Prosecution Act and the federal Racketeering Influenced Corrupt Organizations Act.
“One bad signature could be explained away as the work of an overzealous or incompetent union operative,” said Sydney Phillips, litigation counsel for the Freedom Foundation, which is representing the plaintiff. “But this is the fourth forgery lawsuit in this state, and we’ve litigated at least a dozen more in Oregon and California. At some point, you have to concede these actions indicate a conspiracy by the unions at the highest level to deny public employees their constitutionally protected right to decline union membership and dues.”
The plaintiff, Kristy Jimenez, is compensated by Medicaid for providing homebased care for three relatives, including her disabled son. The U.S. Supreme Court, in 2014, ruled in Harris v. Quinn that caregivers like her could no longer be compelled to join or pay dues to a labor union.
But SEIU and other unions representing millions of providers around the country, responded by adopting a policy of challenging every single opt-out request in hopes of making the process as painful as humanly possible.
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Jimenez requested her freedom in 2019, but the union either ignored or stonewalled her repeated messages. She was told she had signed an electronic dues-authorization form, but when shown a copy of the document, Jimenez immediately recognized the forgery because she wasn’t even living at the listed address when she was alleged to have signed it.
“These aren’t even good forgeries,” Phillips said. “They don’t have to be because the union doesn’t expect any of them to be inspected closely.”
“It’s the same, sad story,” Phillips concluded. “Until very recently, these unions had an absolute monopoly over the government workplace — and a very real sense, the government. They didn’t answer questions because they didn’t have to. But nowadays, things have changed. Workers have the power now to say no to their union, and the unions haven’t accepted it just yet.”
The Freedom Foundation filed a RICO case against SEIU 503 in Oregon earlier this year after establishing a similar pattern of forging signatures on membership forms.
Her intelligence analyst experience and skills would uniquely give her an advantage
Former military intelligence analyst, wife of 25 years, mother of two active boys, Psychologist Dr. Angela Plowhead puts in her Bid to be the US Representative for the newly created 6th Congressional District in Oregon.
Dr. Angela Plowhead, former Air Force intelligence analyst, married for 25 years with two active boys and currently a psychologist with a focus on serving veterans, seniors, and people with disabilities, has announced her candidacy for the recently created 6th Congressional District of Yamhill and Polk counties and portions of Marion, Clackamas, and Washington counties in Oregon.
In an interview with Northwest Observer Plowhead supports school choice in that tax money should now follow the student. She sees the unintended consequences of the COVID shutdowns by the teachers’ unions and the Oregon public school system has resulted in parents and other Oregonians coming together to provide an even better education for many Oregon children than what the public schools had provided. Oregon has one of the worst public-school systems in the nation.
Plowhead noted as well that Oregon has twice the number of incarcerated youths in the nation, homelessness, addictions, high suicide rates and the lowest high school graduation rates. In her personal testimony as a mom with the school diagnosing her son having a reading problem, she was told the reason the school was not ameliorating the reading issue was due to 35 children in the classroom with most time focused on behavior problems rather than addressing academic classroom responsibilities. The Plowhead family moved then, worked extra hard and created through private solutions the support their son had a right to as an American.
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That same can-do American spirit is flourishing across America now as homeschooling has surged along with other creative school option choices that mainstream media is not covering. Scott Adams of the Dilbert comic fame said at the beginning of 2021 that the biggest story not being covered in America is the collapse of the teachers’ unions and the public school system.
The institutional racism in the public schools in Oregon caused the 2021 Democratic Oregon legislature to approve a bill and monies to give Black American students an option for school choice. Plowhead with her own rich bi-racial heritage said, “School choice, every parent should have school choice.” Plowhead shared from her own childhood of experiencing poverty, taking on the challenges of encountering racial prejudice herself, to serving in the Air Force as an intelligence analyst, achieving a doctorate in clinical psychology, becoming a small business owner, serving veterans and her experience in lobbying state and federal legislatures for the rights and needs of seniors and people with disabilities she sees her candidacy as one all Oregonians can come to trust as they interact and bear witness to her integrity, her work ethic and commitment to Oregon and to the U.S. Constitution and Bill of Rights.
As the US representative to Congress from the 6th Congressional District in Oregon her intelligence analyst experience and skills would uniquely give her an advantage in Congressional hearings with the military as is happening currently with the investigation of the Afghanistan withdrawal including the deaths of thirteen service men. Boots on the ground experience far outweighs those with only academic degrees on any subject matter. Plowhead sees vital to Oregon and America the Congressional duty to oversee government agencies and get out to the public matters of deep public concern to the nation, of the people, by the people and for the people. Oregon currently only has one Congressman, Peter DeFazio, with any military experience where he served in the Air Force reserves from 1967-1971. Plowhead sees her addition to the Congressional team as valuable to the whole of Oregon.
With more parents in Oregon and across the nation taking control of their children’s education and protecting their children which mirrors her own family’s history Plowhead welcomes the public to further get to know her to decide if they might want to give her their vote as the Oregon US Congressional Representative in the newly created 6th District in Oregon.
The City of Canby has been home to its share of controversy, much of it centering on certain City Council members.
Until very recently the council was split between three conservatives and three liberals. Now with the resignation of one of the conservative council members because of an out of state move, there is an empty seat that will be filled by someone chosen by the majority liberals on the council. This has some Canby residents very concerned that the seat may be filled by someone who does not reflect the small town values cherished by so many Canby residents.
Two of the council liberals, Chris Bangs and Sarah Spoon, have engaged in tactics considered extreme enough that Canby residents are running a recall campaign against both of them.
Bangs is a high school teacher in Canby whose acerbic comments about Christians, and anger directed at supporters of medical freedom have been key features in City Council meetings.
In March of 2020, Governor Kate Brown issued Executive Order 20-04 requiring state agencies to meet specific goals – setting a standard for a 45% reduction from 1990 greenhouse gas emission levels by 2035 and an 80% reduction by 2050.
After more than a year of draft rulemaking by the Department of Environmental Quality, under the direction of Richard Whitman, the DEQ appears to think that Oregonians across the state agree on the need to respond to climate change. That’s the result of zoom meetings orchestrated agendas that limited oral comments to two minutes due to the high level of interest. However, there is still no consensus on exactly what that response should be.
DEQ contracted with ICF to conduct a study to assess different greenhouse gas emissions reduction program designs through specialized economic and emissions modeling to analyze potential effects. There is nothing scientific about this study that justifies the need for reduced greenhouse emissions or the impact a program would have in Oregon, the U.S. or worldwide. All the scenarios presented directs more regulation towards natural gas utilities and non-natural gas fuel suppliers. An overarching finding is that greenhouse gas emission reductions will most significantly impact the transportation sector, and significant changes are expected across all of the regulated sectors.
Transportation affects every aspect of our lives and the biggest impact on the economy. There has been no calculation of the true costs of the DEQ’s Climate Protection Program, which will impact every energy user in Oregon.
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Some key principles that are lacking in the program:
All forms of renewable energy are needed in a balanced, low-carbon future. Using the natural gas infrastructure already in place, Oregon can reach climate goals more affordably by delivering renewable natural gas and hydrogen.
Families and businesses should have a choice of resilient and dependable energy options to meet their needs. Aside from the unnecessary expense, gas bans could discourage renewable energy innovation and force communities to exclusively depend on the electric grid for all energy needs, which has been projected to cause blackouts. Homes and businesses with gas service can have energy even when the electric power is out.
The affordability and reliability of energy must remain priorities of Oregon’s energy system. Reducing carbon emissions is important, but so is access to affordable energy and the security of a dependable statewide energy system.
Comments on the DEQ rulemaking can be emailed by October 4, 2021, by 4 pm.
The Oregon Court of Appeals has dismissed a case brought against the Oregon Health Authority, under the direction of Pat Allen, requiring face masks. Essentially, the court decided on technical grounds that they lack jurisdiction. According to the court:
Petitioners bring this rule-review proceeding under ORS 183.400, seeking to have an Oregon Health Authority document, entitled "Statewide Mask, Face Shield, Face Covering Guidance," invalidated. OHA contends that the court lacks jurisdiction over this matter for two reasons: (1) because the challenged guidance is not an administrative rule under ORS 183.340(9), but part of an executive order, and thus excluded from review; and (2) because the guidance in the challenged document has been superseded by subsequent guidance, so the proceeding is moot. Held: Assuming without deciding that the guidance at issue is an administrative rule, it was superseded by subsequently promulgated temporary administrative rules. Consequently, under case law, the proceeding was moot.”
The suit, Chester Mooney v. State of Oregon was brought to the court with the assistance of the Freedom Foundation, a local civil rights organization.
“In a reasonable world, it would not take 14 months to decide a case both parties define as an emergency,” said Jason Dudash, Oregon director of the Freedom Foundation. “This case was not dismissed on the merits. In fact, the court agreed with us that there was and is ‘no indication’ the original mask mandate was filed properly. However, they conveniently waited over a year to come to that conclusion.”
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“More worrisome is the reason the case was dismissed,” Dudash continued. “As the court states, ‘the guidance has been superseded on multiple occasions by subsequent guidance, and now, administrative rules. As it stands, mask requirements are now governed by several administrative rules’.”
Dudash asked, “Is Oregon a state of rule-making or law-making? This decision demonstrates that Governor Brown impeded on the constitutional rights of Oregonians, but she will sadly face no consequences,” concluded Dudash.