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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (Oct. 13, 1994)
Measure may face scrutiny PORTI-ANI) (AI’) - The same constitutional prob lem that led the Colorado Supreme Court to declare that state's anti-gav-rights law unconstitutional could pose problems for Ore ism gon s MiMMin* 13 Amendment 2, adopted by Colorado voters in 1992. prohibited local governments from outlaw inn discrimination against gays. The state's high court ruled Tuesday the amendment denies homo sexuals equal protection under the U S Constitu tion. The "fatal flaw" of Amendment 2 was that it made it impossible for a group of people to use the leg islative process for its own prote< tion. said David Schuman, a University of Oregon law professor "It put the political process out of their orbit by basically prohibiting slate and local governments from passing gay rights laws," said Si human, an expert in equal protection issues "Measure 13 does the exact same thing," he said. Measure 13 would overturn gay-rights laws in Portland, Corvallis. Ashland and Kugeno and bar state and lixal governments from enacting specif ic protections for gays and lesbians in the future It also placos restrictions on how public schools teach about homosexuality and bars governments from establishing affirmative action or hiring quo Stores fined on scanners j that charge too much SEATTIJ5 (AP) — Four retail stores have been cited by the citv for using scanners that charged prices that were higher than indi cated by advertisements or lalstls Fines of between $20 to $200 art; imposed on stores with four or more price errors out of 100 items chosen at random, said Dick Selander, lic ense and stan dards supervisor in the con sumer affairs section of the c ity's Department of Finance He said he believes the cita tions are the first under a t‘170 ordinance that has only recently been interpreted to include scanning. Inspectors will monitor scan ner prices at a total 72 area retailers of various kinds, mark ing a shift from an earlier focus on grocery stores. Four of 23 stores checked in the last few days have been cit ed, including three Pay Loss Drug Stores, two in Rainier Val ley and one downtown, and an Kagle Hardware A Garden store. I'he PayLess store in the Rainier Valley overcharged for five of 105 items when it was checked Tuesday. The errors ranged from a 2-cent overcharge for cotton swabs to a $2.72 over charge for damaged yarn. The yarn had been reduced to 25 cents, but rang up at $2.97. A Thrifty Payl.ess Inc. spokesman called the errors "very, very surprising," and said improperly scanned items should be given free to cus tomers. “We want to do everything to comply (with the law), and cur rently our management is meet ing with our managers to be sure we are complying." spokesman Bill Wells said. The president of Kagle, Richard Takata,’ said he iiad identified and corrected a human error that caused the pricing discrepancies. "We want to ho in 100 percent compliance with the city." Takata said A customer complaint prompted the inspection at the Kagle store. in'! based on homosexuality. The measure is the Oregon Citizens Ailiatu e’s se< or,;J attempt to puss a statewide measure Vot ers defeated the (XLA’s Measure 9 in 1992. so the group came hac k with a differently worded pro posal for this year's lull lot "It's a mainstream compromise that protasis kids in publii schools from promotion of homosexual ity hut at the same time preserves basic human rights." said Scott Lively, the (XIA's state mem bership director. The OCA expos ts Measure 11 to fare (letter than the Colorado law because it contains a clause that protects all citizens, including homosexuals, from discrimination. Lively said The clause says all citizens are guaranteed state and federal constitutional rights "That's ironclad," he said. "It supersedes the oth er [wirts of Measure 13 and its written right into Ian gtiage." Rut the clause cited by Lively does nothing to make the Oregon measure different from the one in Colorado, Schuman said The clause, he said, means "that if Measure 13 is declared unconstitutional it cannot be enforced That's a completely circular piece of language." The Colorado decision comes as no surprise to the (XIA, which expet ts the constitutionality of both Colorado’s law and Oregon's, should Measure 13 pass, to be decided in the U S Supreme Court, Lively said. People become sick, ice cream recalled PORTl-ANI) (AI>)- At toast four poop to in Oregon who ato Schwan’s ice i.roam or yogurt products taintod with salmo not la txu teria have Ins onio ill. the Oregon Health Division says. Si* or seven more cases haven't l>e*m con Tinned but are suspected among people who had eaten the dairy products, the health division said Tues day. Schwan’a Sales Enterprises lm of Marshall. Minnesota, which distributes food most ly hv home delivery in the 4H contiguous states, is recalling a variety of ice cream and yogurt products tiecause they might Ini tainted with the hac teria. Other Schwan's products are not affected Ihsause of the extensive dis tribution system. Minnesota Health Department epistemol odists think this may h« the largest food-home disease out break ever. (jmipnnv of Hi mis would not say how many customers Schwan's has in Oregon or Washington or how much of the ice cream and yogurt had team distributed here Consumers who have onion the products and feel sick — especially children, the elder ly or those whose immune sys tems are compromised — should contact their physi cians. Symptoms of salmonella poisoning include abdominal cramps, diarrhea and some times vomiting and fever. Symptoms < an np[ntnr from 12 hours to five days after the bac teria are ingested. (For more information or assistance, consumers can call Schwan's at l-BOO 'i-M fiSSS ) GETCAUGHT BETWEEN A ROCK AND A SOFTS CUSHIONY PLACE Air Tumalo. THE NIKE STORE. 5th Street Public Market. Take 1-5 to City Center exit across Ferry Street Bridge to bth Street exit Store hours Mon Sun, 10-6. (503) 342-5155.