2A — THE OBSERVER
Daily
Planner
TODAY
Today is Saturday, June 13,
the 165th day of 2020. There are
201 days left in the year.
TODAY’S HIGHLIGHT
On June 13, 1967, President
Lyndon B. Johnson nominated
Solicitor-General Thurgood Mar-
shall to become the first black
justice on the U.S. Supreme
Court.
ON THIS DATE
On June 13, 1967, President
Lyndon B. Johnson nominated
Solicitor-General Thurgood Mar-
shall to become the first black
justice on the U.S. Supreme
Court.
ON THIS DATE:
In 1842, Queen Victoria
became the first British monarch
to ride on a train, traveling
from Slough Railway Station to
Paddington in 25 minutes.
In 1911, the ballet “Petrushka,”
with music by Igor Stravinsky
and choreography by Michel
Fokine, was first performed in
Paris by the Ballets Russes, with
Vaslav Nijinsky in the title role.
In 1927, aviation hero Charles
Lindbergh was honored with a
ticker-tape parade in New York
City.
In 1935, James Braddock
claimed the title of world
heavyweight boxing champion
from Max Baer in a 15-round
fight in Queens, New York.
“Becky Sharp,” the first movie
photographed in “three-strip”
Technicolor, opened in New
York.
In 1942, a four-man Nazi
sabotage team arrived on Long
Island, New York, three days
before a second four-man team
landed in Florida. (All eight men
were arrested after two mem-
bers of the first group defected.)
President Franklin D. Roosevelt
created the Office of Strategic
Services and the Office of War
Information.
In 1966, the Supreme Court
ruled in Miranda v. Arizona that
criminal suspects had to be
informed of their constitutional
right to consult with an attorney
and to remain silent.
In 1977, James Earl Ray, the
convicted assassin of civil rights
leader Martin Luther King Jr.,
was recaptured following his
escape three days earlier from a
Tennessee prison.
In 1983, the U.S. space probe
Pioneer 10, launched in 1972,
became the first spacecraft to
leave the solar system as it
crossed the orbit of Neptune.
In 1986, Benny Goodman, the
clarinet-playing “King of Swing,”
died in New York at age 77.
In 1992, Democratic presi-
dential candidate Bill Clinton
stirred controversy during an
appearance before the Rainbow
Coalition by criticizing rap
singer Sister Souljah for making
remarks that he said were “filled
with hatred” toward whites.
In 1997, a jury voted
unanimously to give Timothy
McVeigh the death penalty for
his role in the Oklahoma City
bombing. The Chicago Bulls
captured their fifth professional
basketball championship in sev-
en years with a 90-to-86 victory
over the Utah Jazz in game six.
In 2005, a jury in Santa Maria,
California, acquitted Michael
Jackson of molesting a 13-year-
old cancer survivor at his
Neverland ranch. The Supreme
Court warned prosecutors to
use care in striking minorities
from juries, siding with black
murder defendants in Texas and
California who contended their
juries had been unfairly stacked
with whites.
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DELIVERY ISSUES?
If you have any problems
receiving your Observer, call the
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TODAY’S QUOTE
“Fear has its use but coward-
ice has none.”
— Mahatma Gandhi (1869-
1948)
CORRECTION
A story on page 1 of
the June 6 edition of The
Observer, “LG School Dis-
trict budget picture may be
on solid ground,’’ incor-
rectly stated how much
additional money Oregon
school districts will need
from the state to be consid-
ered fully funded in 2020-
21. Based on the state’s May
20 economic forecast, the
sum is $490 million. The
Observer regrets the error.
SaTuRday, JunE 13, 2020
LOCAL/STATE
Bowling center opening delayed
Landmarks
Commission ruling
goes against
Brickyard Lanes
J
By Dick Mason
The Observer
LA GRANDE — The
owners of Brickyard Lanes,
a bowling center under con-
struction in La Grande, were
dealt a setback Thursday
night that may delay the
opening of their business for
about a month.
The La Grande Land-
marks Commission voted
against allowing the owners
of Brickyard Lanes to place
recycled cedar fence board
trim around their building’s
windows because it does
not meet the standards busi-
nesses in the city’s Down-
town National Historic Dis-
trict must adhere to. The
owners are converting
the old Fraternal Oregon
Eagles building on Jefferson
Avenue into a bowling
Contributed photo
The owners of Brickyard Lanes, a bowling center under
construction at 1118 Jefferson Ave., La Grande, have to
replace the trim from around these and other windows to
meet historic building standards. The work will delay the
opening of the bowling center.
center. Businesses that do
extensive outside renova-
tions are required to have
exteriors that match the look
of La Grande firms in the era
from 1896 to the early 1940s,
according to Mike Boquist,
La Grande’s city planner.
This means windows
must have wood trim with
a tight grain and a smooth
finish. The commission said
the cedar trim the owners
of Brickyard Lanes wanted
to install is not accept-
able because it has a rustic,
barn-wood look, something
which is specifically prohib-
ited under the standards set
for buildings in the Down-
town Historic District,
according to Katie Boula, a
member of the Landmarks
Commission.
Brickyard Lanes has
about 80 windows and cedar
board trim has already
been placed around 20% of
them, said co-owner Darrin
Kiesecker of Boise, Idaho.
This trim will have to be
removed. Kiesecker said
that doing this and installing
the approved trim will take
about a month and cost an
additional $10,000.
He said he was disap-
pointed by the commission’s
decision.
“It is disheartening,” he
said, noting that the cedar
trim was less expensive.
Kiesecker told the com-
mission Thursday he
believed he was taking the
proper step by installing
recycled cedar trim because
portions of some buildings
in the Downtown Historic
District have trim with a
similar rustic look.
His goal, he said, had
been to open Brickyard
Lanes in August but this
is unlikely now because
of the extra work involved
in following the commis-
sion’s decision.
The commission is
empowered by the La
Grande City Council and
charged with reviewing
projects within the Down-
town Historic District and
those involving historic
landmarks, and determining
whether those projects are
“historically appropriate,”
according to the city of La
Grande website. The rules
businesses must follow
regarding historic appro-
priateness apply only to the
buildings’ exteriors.
Kiesecker said he may
appeal the Landmark Com-
mission’s decision to the
city council, but Boquist
explained an appeal is not an
option in this case.
La Grande’s Downtown
Historic District was created
about two decades ago and
extends roughly from Fourth
Street to Greenwood Street
and from Jefferson Avenue
to Washington Avenue.
The district is part of the
National Register of Historic
Places.
People of Color Caucus offers legislative package
By Peter Wong
Oregon Capital Bureau
SALEM — The nine
minority-group members of
the Oregon Legislature will
promote bills to tighten the
accountability of police after
the death of George Floyd
in Minneapolis and the sub-
sequent protests in Portland
and other cities.
The People of Color
Caucus, which numbers two
senators and seven represen-
tatives among the 90 legisla-
tors, seeks two bills during
an anticipated special session
of the Legislature later this
year and another measure for
the 2021 session.
“I am pleased to see allies
from all colors now stepping
forward to do something
about this,” Sen. Lew Fred-
erick, D-Portland, said at a
news conference last week.
“It is time. We have had
enough. I want to see some
action and I hope we will.”
The Portland City
Council on Thursday prom-
ised to support the bills.
Many other issues were
raised in a joint work session
Thursday morning during
the wide-ranging discussion,
from reforming the state’s
training system for new
police officers to requiring
them to live in the communi-
ties in which they serve.
One measure is a new
version of Frederick’s Senate
Bill 1567, which cleared the
Senate unanimously, but
died in the House without a
vote after the 2020 session
ended abruptly on March 5.
A similar measure he spon-
sored (Senate Bill 383) also
passed the Senate in 2019 but
died in a House committee.
Under the bill, if an arbi-
trator concludes there was
police misconduct, the arbi-
trator cannot lessen any dis-
ciplinary action taken by
PMG file photo
State Sen. Lew Frederick, D-Portland, a member of the
Legislature’s People of Color Caucus, predicted a special
session could happen within a few weeks to take up bills
related to police misconduct and racism.
the police agency against
the officer based on that
misconduct.
The other bills may face a
tougher legislative road.
One measure would
require the Oregon Depart-
ment of Justice, led by the
elected attorney general, to
investigate deaths or serious
physical injuries when police
use deadly force. Those
investigations are now con-
ducted by police — though
not the agencies employing
the officers involved in the
use of force — and district
attorneys in Oregon’s 36
counties.
The other measure would
direct the House Judiciary
Committee to convene a
bipartisan work group to
look at Oregon’s law gov-
erning police use of deadly
force when making an arrest
or preventing an escape.
The measure is intended to
prompt recommendations for
change in the 2021 session.
The basic law goes back to
1971, and in 2007, the Legis-
lature required use-of-force
plans on a county-by-county
basis.
House Speaker Tina
Kotek, D-Portland, said in a
statement:
“Oregon has an opportu-
nity to address abuses that
have gone on for far too long.
We must rise to the chal-
lenge of this moment and
make real change to create a
safe and supportive commu-
nity for all Oregonians.”
Democrat Rob Wagner
of Lake Oswego, the new
Senate majority leader,
pledged his support for the
measures. He said in a state-
ment on his Facebook page:
“As elected leaders, we
have the power to change the
ways our laws uphold insti-
tutional racism and systems
of oppression, and we cannot
wait any longer to take
action. The People of Color
Caucus (members) … have
put forth policy proposals
to improve police account-
ability and act against injus-
tice. I am eager to work with
my colleagues to advance
these important policies. We
must act now.”
CAUCUS OF NINE
In addition to Frederick,
the caucus members are Sen.
James Manning of Eugene
and Reps. Teresa Alonso
León of Woodburn, Janelle
Bynum of Clackamas, Diego
Hernandez of Portland,
Akasha Lawrence Spence
of Portland, Mark Meek of
Oregon City, Andrea Salinas
of Lake Oswego and Tawna
Sanchez of Portland. All
are Democrats. Lawrence
Spence isn’t seeking elec-
tion, but the caucus is likely
to add to its ranks Nov. 3.
“I look forward to sup-
porting the POC Caucus as
they fashion their proposals
into effective legislation,”
Attorney General Ellen
Rosenblum said in a state-
ment last week. “We must
dismantle racism. Doing so
requires looking at our sys-
tems from every angle. Dis-
mantling racism demands
thoroughly listening to
those voices and issues that
make us uncomfortable.
Dismantling racism man-
dates acknowledging that
the answers haven’t been
found, the solutions haven’t
been enacted, that many
promises have turned up
empty.”
In 2015, the Legislature
barred police use of pro-
filing, a practice of iden-
tifying criminal suspects
based on broad personal
characteristics such as race.
In 2017, at Rosenblum’s
urging, another law required
agencies to collect informa-
tion on traffic and pedestrian
stops by police.
The first phase involved
reports by Oregon’s 12
largest agencies, including
the Oregon State Police,
sheriff’s offices in the three
metro-area counties and
police in Portland, Gresham,
Hillsboro and Beaverton.
Their data was released last
year by the Oregon Crim-
inal Justice Commission,
which eventually will collect
information from all Oregon
police agencies to see if there
are patterns where police
are stopping minorities
disproportionately.
PAST AND PRESENT
During the news con-
ference last week with Gov.
Kate Brown, Frederick
referred to past incidents
when police have stopped
him as he was going to and
from his home in Portland’s
Irvington neighborhood,
where he has lived since 1977.
He recounted one incident
in the early 1990s, when he
was a reporter for Portland
television station KGW and
his station car was stopped in
King City with his photogra-
pher at the wheel. “He sud-
denly saw the barrel of a gun
right across his face, pointed
at me,” Frederick said. (The
mayor of King City since
2016 is Ken Gibson, who is
black.)
Brown said in the after-
math of Floyd’s death —
caused when a Minneapolis
police officer put his knee on
Floyd’s neck for almost nine
minutes — that Oregon’s
elected leaders must do more
to address these issues.
“To everyone who is
hurting right now, I want to
say I see you. I hear you. I
stand with you. And I add
my voice to yours,” she said.
“Years and years of failure
to reform police practices.
Years of failure to hold
police officers accountable.
Years of failure to bring real
reforms to our criminal jus-
tice system, which incar-
cerates Black Americans at
five times the rate of white
Americans.
“I count myself as one of
the many white politicians
whose good intentions hav-
en’t done enough to tackle
the scourge of systemic
racism.”
———
Reporter Jim Redden
contributed to this article.
Oregon Supreme Court sides with governor, orders
Judge Matt Shirtcliff to vacate preliminary injunction
EO Media Group
SALEM — The Oregon
Supreme Court has decided
Baker County Circuit Court
Judge Matt Shirtcliff erred
in his ruling last month
that Gov. Kate Brown
exceeded her legal authority
in issuing executive orders
related to the coronavirus
pandemic.
The state’s highest
court on Friday issued a
ruling ordering Shirtcliff
to vacate his May 18 deci-
sion granting a prelimi-
nary injunction to a group
of plaintiffs, including Elk-
horn Baptist Church in
Baker City, who sued the
governor May 6.
The Supreme Court
issued a temporary stay on
Shirtcliff’s ruling later on
the day he made that deci-
sion, so the governor’s exec-
utive orders, which limit
business activity and the
size of public gatherings,
among other things, have
remained in effect over the
past few weeks pending the
Supreme Court’s ruling.
The lawsuit remains
in effect, as the Supreme
Court’s ruling was limited
to Shirtcliff’s granting of a
preliminary injunction.
Shirtcliff agreed with the
plaintiffs’ contention that
because Brown, in issuing
several executive orders
since March, invoked the
state’s public health emer-
gency law, chapter 433 of
the Oregon Revised Stat-
utes, those orders were con-
strained by the 28-day limit
prescribed in that law.
The governor’s law-
yers argued the executive
orders were not subject to
the 28-day limit because
Brown, in her initial March
8 declaration of an emer-
gency related to the corona-
virus, cited a different law,
Oregon Revised Statute
chapter 401, which has no
time limit.
Oregon Supreme Court
Justice Christopher L. Gar-
rett filed an opinion, which
Justice Thomas A. Balmer
joined, concurring with the
governor’s lawyers’ argu-
ment that Brown’s execu-
tive orders are not limited
to 28 days.
That wasn’t the only
reason Garrett cited in
determining that Shirtcliff
must vacate his May 18
decision.
Garrett also wrote in
his opinion that Shirtcliff
exceeded his range of dis-
cretion by failing to prop-
erly consider the governor’s
authority during emergen-
cies to determine what is in
the public’s interest.
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