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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Nov. 16, 2019)
A2 THE ASTORIAN • SATURDAY, NOVEMBER 16, 2019 IN BRIEF Cannon Beach fi re district dedicates communication room to Aya CANNON BEACH — The Cannon Beach Rural Fire Protection District has dedicated its communica- tion room as a memorial for Alfred Aya. Aya, who died last year, was the founding father of the community tsunami warning system. He came up with the distinctive “mooing” sound. He spent nearly 30 years serving the fi re district and was elected to the fi re district’s board. “As his voice lives on in our warning system mes- sages we dedicate the communication room, which houses all of his many hours of study and work, to the memory of his name,” Gary Smith, the fi re district’s board president, said in a letter on behalf of the board. Saddle Mountain access to close for repairs Public access to Saddle Mountain State Natural Area will be closed Nov. 25 to Dec. 6. Construction crews will be making repairs to the park’s entrance road. For more information, visit the park’s website. Clatsop County Fair Board seeks applications Clatsop County is seeking applications from people interested in joining the fair board. There are three open positions, each with three-year terms that expire Dec. 31, 2022. The fair board is responsible for the management of the Clatsop County Fair and Expo and organizes the annual county fair. Meetings are on the fi rst Tuesday of each month. To apply, visit the Clatsop County Manager’s Offi ce at 800 Exchange St., Suite 410, or apply online through the county’s website. Applications are due by Dec. 13. The Board of Commissioners will make the appointments. — The Astorian Analyst explains Willapa coho fi shing closure RAYMOND, Wash. — The Washington Depart- ment of Fish and Wildlife has closed Willapa Bay and its surrounding tributaries to all salmon fi shing for the second year in a row. According Chad Herring, a state analyst, the clo- sure was implemented because of record low native coho returns. “Right now we have a run size update that is sug- gesting we are seeing only about 40% of what was pre- dicted preseason,” Herring said. “So we have down- graded the run.” — Chinook Observer ON PATROL Madeline Kalbach A bald eagle patrols the shores of Willapa Bay. DEATHS Nov. 14, 2019 EWALD, Patricia Ann, 97, of Astoria, died in Astoria. Caldwell’s Luce-Layton Mortuary of Astoria is in charge of the arrangements. Nov. 13, 2019 TREMONTI, Mer- ilyn, 80, of Warren- ton, died in Warrenton. Caldwell’s Luce-Lay- ton Mortuary of Asto- ria is in charge of the arrangements Nov. 12, 2019 FOSS, Orocia “Rosie,” 83, of Asto- ria, died in Astoria. Hughes-Ransom Mor- tuary is in charge of the arrangements. SHANE, Gloria Faye, 90, of Astoria, died in Astoria. Caldwell’s Luce-Layton Mortuary of Astoria is in charge of the arrangements. Nov. 11, 2019 HUTCHISON, Mark, 59, of Seaside, died in Seaside, Oregon. Cald- well’s Funeral & Crema- tion Arrangement Center of Seaside is in charge of the arrangements. PUBLIC MEETINGS MONDAY Knappa School Board, 5:30 p.m., Knappa High School library, 41535 Old U.S. Highway 30. Astoria City Council, 7 p.m., City Hall, 1095 Duane St. Jewell School Board, 7 p.m., Jewell School library, 83874 Oregon Highway 103. TUESDAY Union Health District of Clatsop County Board, 8 a.m., Providence Seaside Hospital, Education Center, Room B, 725 S. Wahanna Road, Seaside. Port of Astoria Commis- sion, 4 p.m., Port offi ces, 10 Pier 1 Suite 209. Astoria Historic Land- marks Commission, 5:15 p.m., City Hall, 1095 Duane St. Sunset Empire Park and Recreation District Board of Directors, 5:15 p.m., Bob Chisholm Community Center, 1225 Avenue A, Seaside. Seaside School District Board of Directors, 6 p.m., 1801 S. Franklin. Seaside Planning Com- mission, 7 p.m., work session, City Hall, 989 Broadway. Shoreline Sanitary District Board, 7 p.m., Gearhart Hertig Station, 33496 West Lake Lane, Warrenton. Established July 1, 1873 Circulation phone number: 503-325-3211 Periodicals postage paid at Astoria, OR (USPS 035-000) Published Tuesday, Thursday and Saturday by EO Media Group, 949 Exchange St., PO Box 210, Astoria, OR 97103 Telephone 503-325-3211, 800-781-3211 or Fax 503-325-6573. POSTMASTER: Send address changes to The Astorian, PO Box 210, Astoria, OR 97103-0210 DailyAstorian.com ADVERTISING OWNERSHIP All advertising copy and illustrations prepared by The Astorian become the property of The Astorian and may not be reproduced for any use without explicit prior approval. Ban on fl avored nicotine and cannabis vape products on hold By FEDOR ZARKHIN The Oregonian Gov. Kate Brown’s six- month ban on both fl avored nicotine and cannabis vape products is on hold with new rulings Thursday by the Ore- gon Court of Appeals. “We’re very happy,” said Andrew DeWeese, the Green Light Law Group attorney representing Herban Indus- tries, which sued over the cannabis vape oil portion of the ban. “It’s a win for the cannabis industry and it is, frankly, a win for the Oregon consumer.” The court a month ago temporarily halted the ban on only fl avored nicotine vaping products. It now has extended that stay and granted a stay covering the ban on fl avored cannabis vaping products as well. The decisions are a major blow to Brown’s efforts to address the vaping-related lung illness epidemic. “This gives us some surety that the state is in the wrong,” said Paul Bates, owner of one of the compa- nies that sued the state. Brown moved to ban all fl avored vape prod- ucts through an executive order in October, following two deaths in Oregon from severe lung illnesses con- nected to vaping. VOLUNTEER PICK OF THE WEEK Neko COPYRIGHT © Entire contents © Copyright, 2019 by The Astorian. 7 year old White Labrador Blend MEMBER OF THE ASSOCIATED PRESS MEMBER CERTIFIED AUDIT OF CIRCULATIONS, INC. Printed on recycled paper Subscription rates Eff ective May 1, 2019 Neko is deaf but expressive, responsive and eager to engage. See more on Petfinder.com MAIL (IN COUNTY) EZpay (per month) ...............................................................................................................$11.25 13 weeks in advance ...........................................................................................................$37.00 26 weeks in advance ...........................................................................................................$71.00 52 weeks in advance ........................................................................................................ $135.00 Out of County Rates available at 800-781-3214 DIGITAL EZpay (per month) .................................................................................................................$8.00 Nationwide, nearly 2,200 people have fallen ill in the epidemic. Federal health offi cials have said that illicit vape oils with marijuana’s psychoactive chemical THC are most directly impli- cated, although some victims reported using only nico- tine products. As of Nov. 12, 17 Oregonians have fallen ill, six who used only nico- tine vape products and fi ve who used only THC prod- ucts, according to the Ore- gon Health Authority. The governor’s offi ce said the courts two stays were “unfortunate,” given the that threat both the lung illness epidemic and the growth in vaping among Oregon youth pose to public health. The governor will keep look- ing for long-term solutions to protect people from vap- ing-related lung illnesses, spokesman Charles Boyle said in a written statement. “Governor Brown con- tinues to urge Oregonians to heed the public health warn- ing of the Oregon Health Authority and to stop vaping immediately,” Boyle said. The stay on the fl avored cannabis vape ban was fi rst reported by Willamette Week. The Court of Appeals action on fl avored cannabis vapes came in response to a suit by the Oakland-based Sponsored by Bayshore Animal Hospital CLATSOP COUNTY ANIMAL SHELTER 1315 SE 19th St., Warrenton • 861- PETS www.dogsncats.org Noon to 4pm, Tues-Sat company Herban Industries against the Oregon Liquor Control Commission, which licenses and regulates the state’s marijuana industry. The agency had moved to enact Brown’s order by ban- ning all THC vape oil prod- ucts containing fl avor chemi- cals, called terpenes, derived from anything but marijuana. The OLCC had said that this would amount to about 10% of the marijuana market. The court was convinced by the company’s argument that it would suffer irrepara- ble harm. Herban Industries sells vape oil products under the brand name ‘Winberry’ that, according to the order, con- tain a proprietary blend of terpenes that mimic those found in cannabis. But because those terpenes aren’t derived from actual cannabis plants, the ban forbade the company from selling them. More than 80% of the company’s revenue comes from fl avored Winberry vape cartridges, according to the order. The company argued that because the products are so fundamental to the busi- ness, a ban could force it to fi re many of its employ- ees. The Court of Appeals agreed. “The court is persuaded that petitioner has demon- strated that irreparable harm is likely to result unless enforcement of the rule is stayed,” the order said. The OLCC argued that halting the ban would harm the public, but the court was not convinced, saying there is no evidence connecting non-marijuana fl avors to the lung illnesses. In a separate case, the Court of Appeals found that the state most likely did not have the standing to ban fl avored nicotine vape products. That case was led by the trade group Vapor Technol- ogy Association, three Ore- gon vape companies and Bates, owner of the Portland vape shop Division Vapor. The Oregon Health Authority in October wrote temporary rules to enact the fl avored nicotine vape prod- ucts portion of the gover- nor’s executive order. The Court of Appeals said that Brown’s command was likely not enough to give the agency the power to write the rules. The Court of Appeals concluded that vape shops would likely suffer serious harm if the fl avored vape product ban remained in place. The companies argued that the rule could “cause the entire industry in Ore- gon to be destroyed,” the court order read. The health authority did not dispute that claim in court. The court cited the basic facts surrounding the vap- ing-related lung illnesses to reject the agency’s argu- ment that a ban is necessary to protect the public. Most of the lung illness cases nation- ally involved cannabis vape products, the court order said – not nicotine products. Moreover, the court order said, no evidence has been presented connecting fl a- vored vape products to lung injuries. The Vapor Technol- ogy Association’s execu- tive director, Tony Abboud, lauded the ruling. “As we’ve said, bans don’t work,” Abboud wrote in a statement. “They never have.” WANTED Alder and Maple Saw Logs & Standing Timber Northwest Hardwoods • Longview, WA Contact: John Anderson • 360-269-2500