Trespassing protesters
lose free speech case
SALEM (AP) — Free spooch
rights don't protoct protostors
from liability for punitive dum
ugos when they trespass on pri
vate property, the Oregon Court
of Appeals ruled today.
The decision in a case from
Douglas County upheld a
$2 5,00 0 punitive damage
award against six members of
the environmental group Earth
First!
Huffman and Wright Logging
Co. bled a civil trespass dam
age lawsuit against the protest
ers after several chained them
selves to the company's logging
equipment.
The award ‘does
not restrict the
right to speak or
chill the expression
of opinion because
the complaint is
directed against
only non-protected
... conduct even
though the conduct
is accompanied by
speech
The demonstration took
place on a logging road in the
North Kalmlopsis area of the
Siskiyou National Forest In July
1987, to protest Forest Sorvico
timber harvest policies.
The company's logging oper
ations were shut down most of
the day as a result of tho Inci
dent, the court said. The pro
testers were convicted of thlrd
degreo criminal mischief and
served two weeks in Jail.
In the civil lawsuit, a jury
awarded tho company $5,717
In compensatory damages dam
ages and $25,000 in punitivo
damages.
monts lo the company But they
contested tho punitive damage
award on grounds such dam
ages can’t he granted for exer
cising constitutional rights of
freo speech and petitioning the
government.
The Court of Appeals said
the punitive damages were not
barred by free speech protec
tions because they were award
ed duo to the “harm arising
from the physical trespass."
The award “does not restrict
the right to speak, or chill the
expression of opinion because
the complaint is directed
against only non protected
conduct even though tire con
duct is accom pan!ed by
speech," the court said in an
opinion by Judge Walter Ed
monds Jr.
"Defendants were not enti
tled to use plaintiff's property
for their expressive purposes,”
Edmonds said.
The demonstrators involved
are Valerie Wade, Michele Mill
er, Karen Wood, Kelpie Wilson,
Kamala Redd and James Jack
son.
In another case, the Court of
Appeals uphold the Josephine
County murder conviction of
Gerald Alien Batty in the kill
ing and dismemberment of his
girlfriend.
Batty was convicted of the
August 1987 slaying of Laura
Brittain, whose corpse was
found on a smoldering trash
burning pile behind Batty’s
house near Cave Junction.
Sho had been decapitated,
und her body bad been sawed
in half. The dismemberment
occurred after her death, ac
cording to testimony She ap
parently was shot to death
There were no known wit
nesses to the killing, and the
murder weapon never was
found. But the appeals court
ruled there was adequate cir
cumstantial evidence to sup
port the conviction.
REGIONAL BRIEFS
Keno oddity' fixed
SALKM (AP) - Lottery officials aro mak.
ing a minor change in the now kono game lo
olimlnalo what one tor mod an oddity in the
numtx'r selection
Stove (Maputo, deputy lottery director, said
lottery officials and some kono players spotted
a pattern where the second number drawn was
always larger than the 19th numlier
Twenty numbers aro drawn in the game
Tho pattern resulted from a computer pro
gram that picked numbers in chronological or
der, then jumbled thorn to give the game added
suspense The program didn’t affect what
numlters wore selected but always set up the
correlation between the second and 19th num
bors
"It was ono of those things that slips
through." C'aputo said Wednesday. "It’s not
really a problem. It’s inure of a curiosity "
He asked officials at G-'1TX,'H t'.orp , which
operates the keno machines, to end the pattern
by displaying the numbers in chronological or
dor.
"Tho random order really isn’t providing is
much excitement to players as we thought.” he
said
The lottery also will begin displaying keno
numbers for one minute per game instead of
24 soconds in response to complaints about
tho brief display
keno sales have averaged about $200.000 a
day. nearly triple the amount estimated by offi
cials when the game started Sept. 1 1
Meanwhile, sales in the Daily 4 game have
dropped. Officials say keno might he the
cause.
Daily 4 involves drawing four numtiers ear h
day except Sunday Players win by matching
any two, three or four in tho order drawn
Weekly sales in tho daily game wore
SI04,000 last week, down from an average of
SI 30,000
Arsons damage Jefferson High
PORTLAND (AP) For the fourth day in a
row Wednesday, there was an arson fire at Jef
ferson High School, officials said
Piro Bureau spokesman Don Mayer said
someone set a trush can on fire in a women’s
restroom off the gymnasium at 2:08 p m
Wednesday It caused about Slot) damage.
Small fires wore set at the school Tuesday
and school officials canceled classes for the
day.
Small fires were also set on the north Port
land campus Friday and Monday.
Nobody has boon injured in the fires
Nuclear waste shipped
BOISE, Idaho (AP) Idaho officials ac
knowledge there's nothing they cun do to
block the resumption of shipments of nuclear
waste from Colorado to a storage facility at the
Idaho National Engineering Laboratory
But they're preparing for the shipments, and
they will he closely watched for any viola
tions.
Gov Cecil Andrus said Wednesday the nu
clear waste shipments will he watched closely,
and if any mistakes are made, he won't hesi
tate to order the Idaho State Polic e to block the
trucks.
Snapping his fingers, he said. "All 1 need is
a legitimate excuse to act responsibly under
existing law to close that border, und It will
happen just like that."
A federal appeals court has rejected the
state's lawsuits attempting to block the ship
ments The shipments will originate in Colora
do at the decommissioned Fort St. Vruln nu
clear power plant operated by Public Service
Co. of Colorado They will travel through Colo
rado, Wyoming and Utah before entering Idaho
on Interstate 15.
Officials said they expect about 200 truck
loads of nuclear waste
Fires blaze near Mount Hood
ESTACADA (AP) Firefighters worked in
steep, rugged terrain Wednesday in a battle
against two fires that have burned about 150
acres of timber in the Mount Hood National
Forest
The largest of the fires, the Wash l ire 20
miles southeast of Estacuda. had burned about
140 acres, including 20 acres of old growth
timber.
"Wo do have some spotted owls in there und
we're really concerned about that," said Glen
Sachet, information officer for the Estacad.i
Complex Hires
He said U.S. Forest Service officials also are
worried about coho and chtnook salmon that
uro spawning in Wash Creek and other streams
near tho fires.
“We're concerned about water quality and
the use of equipment around those streams
and getting fire retardant in those streams," he
said.
Tho Wash Fire was discovered Tuesday
morning. The second blaze, the Beeline Fire,
was discovered about \i p m. Tuesday 10 miles
south of Estacada und had burned about 25
acres by Wednesday afternoon.
Daily Emerald
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