H1N1 Front Lines Acclaimed Drummer 5(ty Dynamic drummer Rodney Holmes brings his beat to Mt. Hood Community College School nurses will be a key resource in the battle against the swine flu See Health Matters, page A5 See Arts & Entertainment, page A9 W9Snr tl a tth (©bser tier Of ROSeS ^^^1 C r f n k l i r k ù r ì ir» IO 7ZY Committed to Cultural Diversity Volume XXXVIV, N um ber 39 TLWeek ¡n The Review Uncoin Coaches Disciplined Lincoln High School's head football coach Chad V. Carlson and tw o assistant coaches will not return to their coaching jobs this season because o f their encounter last m onth with po­ lice at a M ax light rail stop. The school district has told them to either resign or face being fired. Police within Guidelines 1 Portland Police Chief Rosie Sizer iP rU'eS t*1Ul A ik XJ ers acted within they chased and struggled with Jam es Chasse, a m entally ill m an w ho died in police custody three years ago. See story, page A2. Truck Plant Won’t Close In a surprise m ove, D aim ler Trucks N orth A m erica says it will keep its Swan Island truck plant operating, a move that will likely save about 650jobs. The com pany says the deci­ sion resulted from a big military contract. See story, page A2. iin in u r» r» rfIo n rlr» h c i» rv f» r m m www.portlandobserver.com Established in 1970 Wednesday • September 30. 2009 Two Wheels on the Rise Biggest jump yet in bicycle commutes by J ake T homas T he P ortland O bserver atthew Breeze has been biking to w ork in north Portland for the last 12 years for exercise and out o f concern for the environm ent. But in the last several years he said his com m ute has becom e less lonely, w ith more people taking to tw o w heels to get to work. “ It’s kin d o f cool to see,” said Breeze w ho has seen an up tick in people on the bike lanes on North W illiam s and V ancouver Avenues. B re e z e ’s o b se rv a tio n has been confirm ed by recently released U.S. C ensus data that reveals that P ort­ land just experienced the largest one- y ear increase in people using b i­ cycles to get around. A cco rd in g to the d ata released last w eek, over 17,000 Portlanders rode their bike to w ork in 2008, up from nearly 11,000 the previous year. T h a t’s a ju m p from 4 to 6 percent, m aking Portland the largest city of bike com m uters am ong the nation’s 30 largest cities. Less than one per­ cent o f A m ericans bike to w ork na­ tion wide. “O ur small investment in bicycling infrastructure and education are pay­ ing off in a big way,” said M ayor Sam A dam s, w ho has headed the P ort­ land Bureau o f T ransportation since 2004. S ince the early 1990s P o rtlan d h a s b e e n m a k in g sm a ll in v e s t­ m en ts in its b icy clin g in fra stru c­ tu re by ad d in g lanes, sp ecial stop lig h ts , an d o th e r a d d itio n s th a t have m ade it m o re co m fo rtab le to cy cle in th e city. In recent years Portland has es­ tablished a national reputation for its continued on page A7 Commuters bicycle to work on the Hawthorne Bridge in -southeast Portland. photo by J ake T homas / T he P ortland O bserver Sign Change Pulled The University o f Oregon has backed out o f plans to buy and c h a n g e P o rtla n d ’s h isto ric “Made in Oregon” sign atop the W hite Stag Building. The deci­ sion leaves the sign in limbo as it is still up for sale or for lease. Senate Pick Spurs House Vacancy With Shields in, another seat needs to be filled Trio Win Brutality Case A jury sided M onday with three local African American men in an ex c essiv e fo rce law suit against a Portland Police officer. The decision will cost the city $ 175,000. See story, page A6. by J ake T homas /T he DMV Fees Going Up Starting Thursday, it will cost more to drive in Oregon. Fees are going up to register most cars and trucks, obtain identification cards and apply for trip permits. O ther fees for commercial ve­ hicles will take effect in January. Blazers Resign Udoka NBA veteran Ime Udoka, a Jefferson High School and Port- I ami State I 'm ver 1 A sll.v graduate, has I hccn re'1iretl U d o k a p la y e d with the team in 2006-07. Post Office Name Change The U.S. H ouse last week ap­ proved a bill to renam e the post office in northeast Portland serving the 97211 zip code for Dr. M artin Luther King Jr. A com panion bill m ust now pass the U.S. Senate. Police Raid Star Theater The Star Theater, a dow ntow n ev en t ven u e ju s t steps o ff Burnside Street, was closed last week after being raided by po­ lice and the O regon Liquor Control Com m ission. The raid occurred after a tip that the club was selling alcohol without a license. years. •T community service photo by M ark W ashington /T he P ortland O bserver Rep. Chip Shields stands outside his legislative offices at 5513 N. Vancouver Ave. The incumbent legislator is moving up to the Senate after winning an endorsement from county commissioners to replace outgoing Sen. Margaret Carter. P ortland O bserver ep.Chip Shields will becom e the newest state senator from P o rtla n d a f te r th e M ultnomah County C om ­ mission Thursday narrowly appointed the local D em o­ crat to replace M argaret Eddie Lincoln C arter w ho resigned last month to take a position with the D epartm ent o f Human Services. Shields got three out Five votes from the com m is­ sion, beating out com munity organizer Jo Ann Bow ­ man and Karol Collym ore, a staffer for County C om ­ m issioner Jeff Cogen, who cast his vote for her. Now the process to fill Shields' House seat, which covers parts o f north and northeast P ortland, starts anew, and will likely be con­ cluded in October. In Oregon, the way a va­ Lew Frederick cant House sea, is filled is continued on page A 7 Door Opens to Measure 11 Challenge Law ruled too severe in some cases (A P) — The O regon m andatory sentencing law approved by voters in 1994 has been ruled too severe in some cases, opening the door to addi­ tional challenges. In a divided opinion, the Oregon Supreme Court said the law, known as M easure 11. w ent too far when a young w om an was sentenced to more than six years in prison after her breasts rubbed against a 13-year-old boy. The ruling Thursday also applied to the case of a man given the same 75-m onth m andatory sentence for briefly touching the buttocks of a 13-year-old girl. In a m ajority opinion by Justice T hom as Balmer, f other people. Buck was charged with the same crim e, sexual abuse, when he briefly touched the buttocks o f a 13- year-old girl w hile she was casting her line to fish on a cam ping trip, then later brushed some dir, off her pants. In both cases, the court said, the pun­ ishm ent did not fit the crime. The opinion noted both cases involved only brief touching in public w hile fully clothed, ye, under the m andatory sen ­ tencing law, Rodriguez and Buck would have received the same 75-m onth term if they actually had sex with the teenagers - Margie Paris, dean of the University of Oregon School of Law or sodom ized them. The court also noted that neither Rodriguez nor she was charged with sexual abuse after she held a Buck had any criminal record, saying that also should 13-year-old boy so that the back o f his head was the co u rt said six y ears in p riso n fo r V eronica Rodriguez and Darryl Buck under M easure 11 vio­ lated the Oregon constitutional requirem ent that "all penalties shall be proportioned to the offense." Rodriguez was a youth counselor in her 20s when The ruling is going to apply only in these exceptional circumstances. But it does make a dent in the mandatory sentencing law. resting against her breasts for about a m inute while they were standing in a crow ded room with nearly 50 I continued on page A 6