5A
THE DAILY ASTORIAN • THURSDAY, APRIL 6, 2017
Gearhart: Councilors
split over competing
state, local statutes
Kansas City set for national
WWI centennial observance
By JIM SUHR
Associated Press
Continued from Page 1A
Commissioners
deter-
mined the request was
inconsistent with the city’s
comprehensive plan and
neighborhood commercial
zoning.
“Further, there is no evi-
dence of demand for the
machines in the city’s central
core,” commissioners wrote.
Lowenberg challenged the
decision, disputing City Plan-
ner’s Carole Connell’s con-
tention that lottery machines
are not a use “devoted to the
use of food while customers
are seated at tables.”
State versus local rules
Lowenberg closed the
Gearhart Grocery in Decem-
ber and reopened doors
as Gearhart Crossing in
mid-March.
Lowenberg’s appeal chal-
lenged the Planning Com-
mission’s denial of video lot-
tery, contesting what he called
“biased statements” and argu-
ments against the machines
by linking “gambling and
drinking.”
“The denial does not
appear to be based on any
relevant fact, but rather on
a prejudice against gaming
and the people that partici-
pate in gaming,” he wrote in
his appeal.
In addition, Lowenberg
told councilors the require-
ment for a conditional
use made by the city “appears
to be contrary to Oregon
law.”
After receiving a condi-
tional use permit last year
as a “neighborhood cafe,”
Lowenberg applied for and
was granted a limited license
from the Oregon Liquor Con-
trol Commission to sell beer
and wine.
“The applicant’s position
is that video lottery machines
are controlled by the state and
that local regulations are pre-
empted by state law,” City
Attorney Peter Watts said
Wednesday.
“This is where things start
getting nuanced,” Watts told
councilors. “The OLCC says
in order to get a video lot-
tery machine, ‘All we need
is this permit.’ You’re pre-
cluded from prohibiting a use
they’re entitled under state
law. We’re at a very, very
unique area of the law: the
intersection of city code and
city preemption.”
Even if the council upheld
the Planning Commission
decision, “it does not mean
he cannot have video lottery
machines in his restaurant or
neighborhood cafe,” Watts
said.
Armed with the limited
license, the cafe could put the
video lottery machines any-
where in the building, Watts
said.
R.J. Marx/The Daily Astorian
Attorney Jeremy Rust and
Terry Lowenberg, owner of
Sum Properties and Gear-
hart Crossing.
‘Neighborhood
character’
Faced with competing
state and local statutes, coun-
cilors were split.
Jesse warned that if the
council denied the machines,
the city could find the
machines placed in a more
prominent location within the
establishment.
“I voted for a neigh-
borhood-friendly cafe and
because our code doesn’t
identify a use for this, then I
feel on the merits of what we
have in front of us, I couldn’t
vote for it,” Lorain said.
Brown said the down-
town commercial zone was
designed for nearby residents.
“If you don’t even need
our ‘yes’ or ‘no’ to have video
poker, it doesn’t matter how
we vote,” Brown said. “But
strictly from the zoning stand-
point, it’s going to be hard for
me to vote with the applicant
based on that.”
In casting his ‘no’ vote,
Brown added: “It’s hard for
me to see a public need was
proven.”
Future enforcement?
For now, Lowenberg’s
decision whether to pursue
video poker remains unclear,
as he issued a blanket “no
comment” to questions after
the meeting.
“We believe that the con-
ditional use is not required to
install the lottery machines
at this time,” Jeremy Rust,
Lowenberg’s attorney, said at
the meeting. “Based on our
research, based on the state
law, I don’t think we need the
city’s approval to have the lot-
tery machines.”
If Lowenberg installs the
machines, he may face city
enforcement action.
“I think after this deci-
sion, I may be forced to,” City
Administrator Chad Sweet.
“If he puts the video lottery
machines in the middle of the
room, he would potentially
be in violation of a neigh-
borhood cafe. If he were to
put (the machines) in the
back, I would cite local zone
code and his conditional use
permit.”
KANSAS CITY, Mo. —
By design, World War I never
strays from Matt Naylor’s
thoughts: His grandfather’s
wartime shaving kit is on dis-
play in his office where he
oversees a museum in Kan-
sas City, Missouri, dedicated to
all things involving “The Great
War.”
“I have a familial relation-
ship with World War I that’s
very direct,” said Naylor,
whose father, after serving with
the British during World War
II, moved to Australia, where
Naylor was raised and acquired
his lasting accent. That lineage
“is an important part of my
story.”
So it is little wonder that
Continued from Page 1A
in Knappa. The individual is a
Mexican national with a con-
viction for cocaine possession.
President Donald Trump
wants to increase deportations
as part of a crackdown on ille-
gal immigration, but some pub-
lic officials have been critical
of the federal government’s
tactics.
Washington State Supreme
Court Chief Justice Mary Fair-
hurst in March told ICE she
was troubled by enforcement
actions near courthouses. U.S.
Sen. Ron Wyden and U.S.
Sen. Jeff Merkley, Democrats
from Oregon, have co-spon-
sored a bill that would cod-
ify rules that require immigra-
tion agents to get approval from
a supervisor before conduct-
ing operations at schools, hos-
pitals, churches or other sensi-
tive locations. A House version
of the bill, sponsored by U.S.
Rep. Suzanne Bonamici, D-Or-
egon, would expand the policy
to courthouses.
“We’re trying to get fami-
lies ready,” Cindy Guzman, the
Ocean Beach School District’s
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LIFE
ROOT
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FOOD
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CNN
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6 PM
conflict that President Wood-
row Wilson had sought to
avoid.
In the shadow of the hill-
top site’s 217-foot-tall WWI
monument known as the Lib-
erty Memorial Tower, foreign
migrant student advocate, said
at the Ilwaco meeting. “I hear
a lot of worries from kids that
they’re going to come home
from school and mom and dad
won’t be there.”
Plans and paperwork
Guzman passed out thick
packets of information in
English and Spanish. She
advised parents to fill out forms
and have them notarized to
leave legal instructions for the
care of their children in case
their family is split up.
“Parents have been very
emotional,” Guzman said. “It’s
hard to witness.”
She urged them to make
sure their children know where
to find emergency contacts
and important documents,
such as passports, birth certif-
icates, immunization records
and Social Security cards. Guz-
man gave out the forms needed
to get those documents and
told parents they can go to the
district office or a local credit
union to have paperwork nota-
rized for free.
She
provided
other
resources, including informa-
tion about immigrants’ rights
and what to do during a raid or
after an arrest.
Afraid of authorities
People do not have to fear
being reported to immigra-
tion by local law enforce-
ment or school officials, Guz-
man said. She assured parents
it’s safe to let their children go
to class and call police if they
need help.
Local authorities in Wash-
ington state do not ask peo-
ple to show proof of immigra-
tion status, she said. Schools
do not help federal agents with
deportations.
Ilwaco High Principal
David Tobin said he has no
intention of turning students
over to immigration.
“We’re going to protect our
kids,” he said.
Here to help
Leaders with nonprofit,
church and political groups
at the meeting joined educa-
tors in trying to show immi-
grants how to get the support
they need.
Ricky Holmes said he’s
seen how the federal crack-
down has hurt immigrant fam-
ilies through his work with the
nonprofit Coastal Community
Action Program.
“It’s a tragedy,” he said.
“We want to help people.”
Immigrants don’t have to
be afraid to ask for support
from the program that works
with people who have low
incomes in Pacific and Grays
Harbor counties, Holmes said.
Identification is not required
to sign up for services and
case workers can use numbers
instead of names to keep client
records confidential.
Guzman asked people to
share what they learned at
the meeting with others and
encouraged them to take emer-
gency forms for families who
might need them.
“With this president, we
don’t know what’s going to
happen,” she said.
ICE and U.S. Citizenship
and Immigration Services
officials are expected to pro-
vide more information during
a meeting scheduled from 4 to
6 p.m. on May 4 at Ilwaco’s
New Life Church.
Lawmakers back accountability measures for ODOT
By PARIS ACHEN
Capital Bureau
SALEM — A group of
lawmakers has recommended
restoring authority over the
state transportation director
to the Oregon Transportation
Commission.
The authority now rests
with the governor.
The recommendation was
one of several intended to boost
accountability for the use of
taxpayer dollars in the event
that lawmakers pass a transpor-
tation package this session.
The transportation package
would infuse hundreds of mil-
lions of dollars for projects into
the Department of Transporta-
tion’s budget.
“In this era where we are
right now where trust in gov-
ernment is low, accountability
is a really important issue, and
it’s a worthwhile challenge,”
said Susan Morgan, a lobby-
ist with the Association of Ore-
gon Counties and a former
OTC commissioner. “Our cit-
izens want to know what their
transportation dollars are spent
on and how that spending is
impacting the condition of the
infrastructure.”
The five lawmakers who
made the recommendations
belong to an accountability
subgroup of the Legislature’s
Joint Committee on Trans-
portation Preservation and
Modernization.
The larger 14-member com-
mittee is charged with craft-
ing the transportation package.
Legislative leaders hope to pass
the package during the 160-day
LISTINGS
T HURSDAY E VENING
L
Naylor embraces today, when
the National World War I
Museum and Memorial he
guides as president and CEO
hosts a centennial observance
of the day the U.S. begrudg-
ingly waded into the global
Schools: ‘We’re going to protect our kids’
THE DAILY
ASTORIAN
A
AP Photo/Charlie Riedel
Visitors look at memorial bricks after a Memorial Day ob-
servance at the National World War Museum at Liberty
Memorial in Kansas City, Mo.
dignitaries were to join 3,000
onlookers who snapped up
tickets for the daylong homage
titled “In Sacrifice for Liberty
and Peace.”
The event on the grounds of
the nation’s official WWI mon-
ument was to feature an eclec-
tic mix of patriotic music, some
poetry, speeches and readings
from the time America first
declared war on Germany.
To Naylor, the event “is
commemorating, not celebrat-
ing” the moment when the U.S.
trudged off to war at a time
tanks and air combat were new.
By the time American mil-
itary muscle helped van-
quish Germany and the con-
flict ended in 1918, more than
9 million people were lost to
combat, some 116,000 of them
Americans.
session, which began Feb. 1 in
Salem.
“I am of the opinion that
from this point forward, we
go down a list and start craft-
ing a draft bill, … then then
we amend it, … do whatever it
takes,” said Rep. Andy Olson,
who led the accountability
subgroup.
Another key recommen-
dation would create a website
dashboard, featuring a road
map, where the public could
follow the cost and progress of
projects.
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