A3
THE DAILY ASTORIAN • WEDNESDAY, FEBRUARY 20, 2019
Seaside challenges drowning lawsuit
Oklahoma teen
died in 2016
By R.J. MARX
The Daily Astorian
Katie Frankowicz/The Daily Astorian
U.S. Rep. Suzanne Bonamici meets with staff at The Harbor to
discuss domestic violence and sexual assault.
Bonamici addresses federal
Violence Against Women Act
Act left out of
recent spending
agreement
By KATIE
FRANKOWICZ
The Daily Astorian
With the decades old Vio-
lence Against Women Act
left out of a recent fund-
ing bill, U.S. Rep. Suzanne
Bonamici met with staff of
T he Harbor in Astoria on
Tuesday to discuss how the
decision could impact the
organization and the services
it provides around domestic
violence and sexual assault
in Clatsop County.
A funding bill approved
by Congress and President
Donald Trump this month
did not extend the landmark
a ct, which has lapsed . F irst
enacted in 1994, the act pro-
vides grants and other sup-
port to groups that work on
issues related to domestic
violence and sexual assault.
Though funding will con-
tinue through this year, the
lapse leaves organizations
wondering what the future
will hold.
The majority of T he Har-
bor’s funding for core ser-
vices is federal, said Hil-
ary Ann Levine, the group’s
director of services.
“If this were to go away,
we would defi nitely have
to look at other funding
sources,” Levine said. While
they wait to see what the ulti-
mate fate of the Violence
Against Women Act will
be, “we’re looking at all the
possibilities of what could
happen.”
The Harbor has gone
through a lot of ups and
downs over the years, weath-
ering major staff turnover,
contentious leadership and
facility changes. Through all
that, “we have never stopped
providing services,” Levine
said.
Bonamici said she was
very frustrated.
“But we’re not giving
up,” the Oregon Democrat
said . “Unfortunately it did
not make it into the spending
bill that we passed to keep the
government open, but many
of us are very, very com-
mitted to making sure that it
gets passed, but that it also
gets passed in a way that’s
good policy that includes all
women, not just some.”
SEASIDE — Seaside
shouldn’t be liable for a
$3.6 million claim fi led by
the family of an Oklahoma
teenager who drowned in
July 2016, lawyers for the
city argue .
They have asked the Cir-
cuit C ourt to dismiss the
lawsuit .
“The city denies any
liability here, and doesn’t
believe the plaintiff has
pled suffi cient facts to state
a claim,” said Richard P.
Freud, an attorney for City-
county Insurance Services,
representing the city .
At the time of the drown-
ing, the teenager was visiting
the North Coast for a family
reunion. Conner Miguel Wu
Moore, 14, of Tulsa, and his
cousin were in the ocean at
the foot of Broadway when
lifeguards saw the teenagers
struggling.
L. Nicole Moore seeks
to hold the city liable for
the wrongful death of her
son, alleging the city did
not post appropriate warn-
ing signs and lifeguards did
not alert the family to the
potential danger. After a
Josh Gilmore
A lawsuit has been fi led over a drowning in Seaside in 2016.
rescue attempt, Moore was
pronounced dead at Provi-
dence Seaside Hospital. His
cousin survived.
Moore also alleges an
invasion of privacy after
her son’s name was publicly
released by the city after his
death. The disclosure was
a violation of federal and
state medical privacy laws,
she said.
In a response this month,
the city argued Conner
Moore should have exer-
cised care in avoiding harm
from an “activity that cre-
ates a hazardous condition.”
The city is further pro-
tected by recreational
immunity, which applies
if the principal purpose for
entry upon the land is for
recreation .
Since the incident hap-
pened in the ocean or shore,
the city is not the proper
party to bring a claim of
negligence. “The state owns
the shore, but nobody owns
the ocean,” Freud said.
Since the city’s state-
ments after the incident
were done in an offi cial
capacity, the city is entitled
to “absolute privilege from
this (defamation) claim and
cannot be held liable for the
comments at issue.”
Moore responded in a
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Nearly 50 Democratic
lawmakers called for a
watchdog
investigation
of U.S. Immigration and
Customs Enforcement on
Tuesday after the agency
confi rmed it had been
force-feeding
immigrant
detainees on a hunger strike.
Reporting by The Asso-
ciated Press revealed late
last month that nine Indian
men who were refusing food
at a Texas detention facil-
ity were being force-fed
through nasal tubes against
their will.
On
Thursday,
all
force-feeding at the deten-
tion center near the El Paso
airport abruptly stopped
after a U.S. district judge
said the government had
to stop involuntarily feed-
ing two of the detained
immigrants.
The 49 lawmakers are
calling for the Depart-
ment of Homeland Security
Offi ce of Inspector General
to investigate on-site con-
ditions of ICE facilities and
the policies surrounding the
involuntary force-feeding of
immigrant detainees. Ear-
lier this month, the Gene-
va-based United National
human rights offi ce said that
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10TH STREET
By GARANCE
BURKE and MARTHA
MENDOZA
Associated Press
the United States could be
violating the U.N. Conven-
tion Against Torture.
“We implore you to exer-
cise your oversight respon-
sibilities to make improving
conditions at immigration
detention facilities a top pri-
ority for ICE and ensure the
humane treatment of detain-
ees in federal custody,” said
the letter spearheaded by
Oregon Democratic Rep.
Suzanne Bonamici and
Texas Democratic Rep.
Veronica Escobar, who
toured the El Paso Process-
ing Center and met with the
men after the initial reports
of the force-feeding. “These
complaints reveal unequivo-
cal abuses of power that vio-
late the rights of detainees.”
ICE declined to com-
ment directly on the request
for an investigation Tues-
day but said the agency has
“a strict zero-tolerance pol-
icy for any kind of abusive
or inappropriate behavior in
its facilities.” The agency
said that if allegations of
inappropriate behavior sur-
faced, they would be inves-
tigated by the Department of
Homeland Security Offi ce
of the Inspector General and
ICE’s Offi ce of Professional
Responsibility.
“For their health and
safety, ICE closely monitors
the food and water intake of
those detainees identifi ed as
being on a hunger strike,”
the agency said in a state-
ment. “ICE does not retali-
ate in any way against hun-
ger strikers.”
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Rudy Gutierrez/El Paso Times
memorandum of opposition
to the request for dismissal,
fi led Tuesday.
Moore said the city fails
to establish facts necessary
for recreational immunity,
and the city should be liable
“if the defendant can rea-
sonably foresee that there
is an unreasonable risk of
harm ... and the plaintiff is
injured as a result of the fail-
ure to warn.”
The city will respond
to Moore’s latest motion
within the timeline provided
by the court.
“I need a little more
time to digest it and we will
respond soon,” Freud said.
A:
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Advertising Representative
T HE D AILY
A STORIAN
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503-325-3211
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