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.