Image provided by: University of Oregon Libraries; Eugene, OR
About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Feb. 10, 2017)
3A THE DAILY ASTORIAN • FRIDAY, FEBRUARY 10, 2017 Appeals court sides with Ex-girlfriend doesn’t have to states on Trump travel ban pay Schnitzer for attorney fees ‘See you in court,’ president tweets By SUDHIN THANAWALA Associated Press SAN FRANCISCO — The legal fi ght over President Donald Trump’s ban on travelers from seven predomi- nantly Muslim nations is on hold after the 9th U.S. Circuit Court of Appeals refused to reinstate the order, unani- mously rejecting the administration’s claim of presidential authority, ques- tioning its motives and concluding that the order was unlikely to survive legal challenges. In a rebuke to the Trump admin- istration Thursday, the three federal appellate judges sided with the states of Washington and Minnesota on nearly every matter, opening the pos- sibility that the case could shift to the U.S. Supreme Court. In a tweet Friday, Trump called the decision disgraceful. Trump quoted an article by Benjamin Wittes, editor- in-chief of the Lawfare blog. It reads, “Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.” Trump tweeted, “A disgraceful decision!” Moments after the ruling Thurs- day, Trump tweeted, “SEE YOU IN COURT,” adding that “THE SECU- RITY OF OUR NATION IS AT STAKE!” Next step unclear But it is unclear what Trump’s next move will be. The Justice Department said it is reviewing the decision and considering its options. It was the fi rst day on the job for new Attorney Gen- eral Jeff Sessions. The lower court action so far is temporary and hasn’t resolved broader questions about the legality of Trump’s order. While the ban is on hold, refugees and people from seven majority-Muslim nations identifi ed in the president’s Jan. 27 executive order can continue traveling to the U.S. The appellate judges noted com- pelling public interests on both sides. “On the one hand, the public has a powerful interest in national security and in the ability of an elected pres- ident to enact policies. And on the other, the public also has an interest in free fl ow of travel, in avoiding separa- tion of families, and in freedom from discrimination.” The administration could appeal the ruling to a larger 9th Circuit panel or bypass that step and go straight to the U.S. Supreme Court. That could put the decision over whether to keep the temporary restraining order sus- pending the ban in the hands of a divided court that has a vacancy. Trump’s nominee, Neil Gorsuch, can- not be confi rmed in time to take part in any consideration of the ban, which would expire in 90 days unless it is changed. The ban also faces dozens of other lawsuits, some fi led by would-be refu- gees directly affected by it. Lack of evidence Stephen Vladeck, a professor at the University of Texas School of Law, said two footnotes near the end of the opinion struck him as most sig- nifi cant because they challenged the government’s assertion that national security was at stake. Without evi- dence of the threat migrants would pose to security, the court couldn’t balance that assertion against harm they would suffer if not allowed to enter the country. “It’s not enough for the president to simply proclaim that the executive order is necessary to protect national security,” Vladeck said, paraphras- ing the ruling. “He needs to give us at least some basis for agreeing with him.” The 9th Circuit judges rejected the administration’s argument that courts did not have the authority to review the president’s immigration and national security decisions. They said the administration failed to show that the order met constitutional require- ments to provide notice or a hearing before restricting travel. And they said the administration presented no evidence that any foreigner from the seven countries was responsible for a terrorist attack in the U.S. Last week, U.S. District Judge James Robart in Seattle issued a tem- porary restraining order halting the ban after Washington state and Min- nesota sued. The ban temporarily sus- pended the nation’s refugee program and immigration from countries that have raised terrorism concerns. Asked to respond to Trump’s tweet, Washington Attorney General Bob Ferguson said, “We have seen him in court twice and we’re two for two, that’s number one. And in my view, the future of the constitution is at stake.” Associated Press writers Brian Melley in Los Angeles, Gene John- son and Martha Bellisle in Seat- tle, Rachel La Corte in Olympia, Washington, and Eric Tucker in Washington, D.C., contributed to this report. Squabble over surrogate baby arrangement By AIMEE GREEN The Oregonian Portland real estate mogul Jor- dan Schnitzer has lost his attempt to force his ex-girlfriend to pay $269,000 in attorneys’ fees — money that he spent last year trying to keep her from seeing the son cre- ated with his sperm and her egg. Multnomah County Circuit Judge Katherine Tennyson said Wednesday she won’t order Cory Sause to pay Schnitzer’s hefty legal bills, generated by at least 10 law- yers he hired. Hotel aims to draw golfers to Gearhart McMenamins Gearhart Hotel to expand old barn By R.J. MARX The Daily Astorian GEARHART — An eyesore “held together by paint” is coming down after the Planning Commis- sion approved a new 16-room hotel with a golf teaching facility adja- cent to the Gearhart Golf Course and McMenamins Gearhart Hotel. Portland architect George Signori displayed plans for altering and expand- ing the existing cart barn structure to a new building with guest rooms, golf training room and cart storage. Since the original cart barn was built partially over the front prop- erty line, commission approval for a nonconforming structure was necessary The barn “is held together by paint,” General Manager and Director of Golf Jason Bangild said. “Its con- dition is deplorable. When you come down from Astoria, it’s the fi rst thing you see and the last thing you see.” The proposed three-story struc- ture increases the size of the cart barn by 85 percent, for a total area of more than 13,000 square feet. Design of the new building was based on the existing English manor house style of the neighboring McMenamins Gearhart Hotel, with Astoria post offi ce struggles to cope with staff shortages Customers have complained about service By JACK HEFFERNAN The Daily Astorian Staff shortages have caused service issues at the U.S. Post Offi ce in Astoria in the past few months. Since late last year , fi ve postal carriers have either resigned or quit, Peter Hass, a spokesman, said. “We apologize for any incon- venience customers may have with their delivery, but we do want to hear from them as soon as possible about problems with their mail delivery,” Hass said. Two carriers have been hired since then, while other positions have been transitioned from part time to full time. Two more job openings will be posted next week, Hass said. Part of the problem has been that the staff shortages came around the holiday sea- son, which typically is the bus- iest time of the year for the post offi ce, Hass said. A Daily Astorian Facebook post in late January asked read- ers to describe their experiences with the post offi ce over the past few months. Included in the more than 85 comments were complaints of inconsistent deliv- ery times, rude service and long lines at the post offi ce, carriers not knocking on doors when delivering packages, incor- R.J. Marx/The Daily Astorian The golf cart building next to McMenamins Gearhart Hotel will see a modification and expansion after Planning Commission approval. Astoria man guilty of attempted arson The Daily Astorian rect delivery locations and mail boxes left open. Customers hoping to avoid long lines may wish to avoid the post offi ce near its busiest times — weekdays at 8:30 a.m., noon and 5 p.m — Hass said. Employees have been made aware of the complaints, Hass said. Questions, comments or concerns can be directed to usps. com, 1-800-ask-USPS or the consumer affairs offi ce in Port- land at 503-294-2536. A man who set an Astoria apartment build- ing ablaze last June has been found guilty on two counts of attempted arson. Christopher Ray Young, 44, of Astoria, pleaded no contest Thurs- day to the two counts as part of a plea agree- ment with the Clatsop County District Attor- ney’s Office. Young was originally charged with four counts W A NTED Alder and Maple Saw Logs & Standing Timber N orth w es t H a rdw oods • Lon gview , W A The REAL Lewis and Clark Story or.... How the Finns Discovered Astoria Written by: Judith P. Niland OPEN AUDITIONS Sunday, February 12: 6pm Monday, February 13: 7pm ASOC Playhouse 129 West Bond Street | Astoria No previous theatre or music experience necessary! Small or large parts for over 20 actors and actresses. For additional information contact: Ashley Mundel, Director mundelmakeupartistry@gmail.com 503.730.9689 www.AstorStreetOpryCompany.com of methamphetamine at the time of arrest. Young’s sentencing hear- ing is scheduled for later this month . The plea agreement recommends a five-year jail sentence. Had the case gone to trial, Young may have faced up to 30 years in prison. Special Concentrate $11 grams Purchase confidentially at Freedom Market! 133 Howerton Way Illwaco WA 98624 www.freedommarket420.com MON - SUN 8AM - 8PM Warning: This product has intoxicating effects and may be habit forming. Smoking is hazardous to your health. There may be health risks associated with consumption of this product. Should not be used by women that are pregnant or breast feeding. Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of marijuana. For use only by adults 21 and older. Contact: John Anderson • 360-269-2500 A NNUAL H AGGLE Sunday D AY February 19 10 am -5 pm th 892 Marine Drive | Astoria 503.338.0101 Antiques Glassware Saturday FEB. 18 th Astor Street Opry Company presents of first degree arson after starting a fire at the Emer- ald Heights Apartments that completely engulfed the building. He lit a gas can on fire while visiting an apart- ment in the two-story, four- plex apartment. According to police, Young appeared to be under the influence No personal information captured! Long Beach, WA 360-892-4442 www.visitingangels.com vided an aesthetically pleasing way to accomplish that goal, Signori said. David Smith asked fellow com- missioners to determine if there was a demand for the new building, one of the criteria in Gearhart’s master plan for a conditional use permit. “I’ve talked to the constituents in my neighborhood, and I’ve yet to fi nd anybody who lives here who can fi nd a need for an increased presence on the Gearhart golf course,” Smith said. “Who defi nes the demand and how is that determined?” “We can tell you there’s a need from the owner’s side,” Signori said. a main house and a “dependency,” Signori said. “What we’ve done here is really beautify the golf course.” The proposed structure includes a virtual golf training facility on the fi rst fl oor, guest rooms on the fi rst and sec- ond fl oors and golf cart storage in the basement, Signori said. Forty-two new parking spaces are proposed on the building’s east side. One design alteration drawing comment was a plan to install Verizon relay equipment in two faux chim- neys atop the mansard roof. Relays were necessary to increase coverage and the chimneys pro- Experienced caregivers for senior homecare We’re Hiring! relationship with Sause didn’t work out. Schnitzer hasn’t let Sause see the boy since the day he was born in December 2015. Sause has said the plan was always that the boy would live with Schnitzer but she would be a part of his life. After the ruling last summer, Schnitzer claimed Sause needlessly cost him $269,000 in attorneys’ fees, plus about $7,500 in other costs, for her “frivolous claim.” Schnitzer’s lawyers state in court papers that they billed him from $165 an hour to $400 an hour. Since the hearing, both Schnitzer and Sause have fi led new court papers to try to settle the question of parental rights once and for all. A nine-day trial is scheduled for Sep- tember and October. The decision came in part, the judge said, because she didn’t want to “reward” either side for a major mistake: failing to draw up ade- quate legal documents outlining their parental rights to the boy born by surrogate 13 months ago. Both sides racked up considerable legal fees leading up to and through three days of hearings last June and July as Sause sought to undo a legal declaration that Schnitzer was the boy’s sole legal parent. In August, Tennyson ruled in favor of Schnitzer — failing to undo the declaration — but at the same time left the door open for Sause to take up the matter again by fi ling new court papers. Schnitzer has said the plan was always for him to be the only par- ent in the boy’s life if his romantic 7 pm Cash Bar! 3 1618 Exchange St. Astoria Enter thru the “Black Door” (yes “BLACK” - not back) off Duane Street Side - Opens at 6:30 pm Knock 3x - Tell ‘em “Joe” sent you. Roulette, Craps, Poker & Black Jack Gaming Starts Heritage Museum 15 Entry for One: $25 in play money $ 25 Entry for One: $ Vendors are ready to DEAL! PLEASE ADOPT A PET! Bella $50 in play money Ad u lt Fem a le Ta bby games of texas hold ‘em There is a n a rt to rela xa tio n , a ffectio n a n d pla yfu ln ess. Bella ha s perfected these skills bea u tifu lly. Check her o u t o n Petfin d er.co m 7:00, 8:00 AND 9:00 10 PERSON LIMIT PER GAME. Buy-ins of $30, $40 or $50 respectively. Buy-in in addition to entry ticket. The chip leader at the end of 50 minutes wins a Visa Cash Card valued at 50% of the total buy-in per game. Maximum potential prize money is: 1st Game: $150 | 2nd Game: $200 | 3rd Game: $250 503.325.2203 or cchs@cumtux.org Prize for best 1920’s costume Thanks to our Sponsors! Jim & Janet Aalberg Vintage Decor Nautical Items Patricia Roberts www.dogsncats.org CLATSOP COUNTY ANIMAL SHELTER • 861-PETS 1315 SE 19th St. • Warrenton | Tues-Sat 12-4pm THIS SPACE SPONSORED BY BAY BREEZE BOARDING
