KATHRYN B. BROWN
Owner
ANDREW CUTLER
Publisher/Editor
ERICK PETERSON
Hermiston Editor/Senior Reporter
TUESDAY, OCTOBER 12, 2021
A4
Founded October 16, 1875
OUR VIEW
Broadband
project a
huge win
I
t was a small story, a few hundred
words, but the tale of the Ukiah School
District receiving broadband is one of
those feel-good accounts that sometimes
can be hard to come by.
The district will get $7 million to
provide fiber connectivity with Pendleton.
That’s big news for Ukiah School District
patrons because the area is one of the most
isolated in Oregon.
Most of the cash will come from a
federal grant with the rest offered up by
the state.
The project is a huge win no matter how
one looks at it but the best thing about it is
the way tax dollars were put to use in a way
that is both prudent and impactful.
That’s often not the case. In terms of
government waste of tax dollars, the U.S.
would be a case that is hard to beat.
Every year tax dollars are shed for proj-
ects that have little long-term value and,
while they may help out a few, often don’t
have the return on investment that most
taxpayers would consider equitable.
The Ukiah broadband project is essen-
tially an investment in infrastructure and
it is long overdue.
In fact, the state needs to do more invest-
ment in rural areas in broadband. Broad-
band almost instantly pushes a secluded
area into the modern era and the payoff —
in terms of education — is huge.
There always is a lot of talk about invest-
ing in education in Oregon and the state
does — arguably — a moderately success-
ful job of it. But more money is needed for
smaller, remote districts like Ukiah.
A fiber optic project will help Ukiah
students with their education and that will
pay off in the long-term for taxpayers.
As taxpayers, we all want to expect our
hard-earned dollars are used wisely and
to the benefit of the greater whole. When
they are not, when tax dollars are wasted,
it leaves a bitter after taste and creates a
sense that the stewards of our money are
not focused on what really matters.
We share in the celebration of the Ukiah
School District for the fiber connectivity
investment, and we hope to see more of it
for other districts in the future.
The more we invest in our rural infra-
structure — including schools — the
bigger dividend it will pay down the road.
That means we will be able to look back
and see that, at least for once, our money
was used to help the entire community, not
just a privileged few.
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Is a COVID-19 lawsuit for pain, suffering a possibility?
BLAINE
CLOOTEN
ASK A LAWYER
Q
: I am thinking of suing my
employer and am wondering if
this is a good idea. I am a waitress
in a nice restaurant. The owner has been
unwilling to make anyone wear a mask,
and really discourages us from wearing
one while working.
She had a mild case of COVID-19 back
in February (before I could get a vaccine),
and I’m pretty sure I caught it from her. I
had a much more severe case and missed
two weeks of work. My energy level and
sense of smell and taste still aren’t back to
normal six months later, and I am having
frequent dizzy spells. Is a lawsuit for pain
and suffering a possibility?
A: One of the most important things
to be able to prove in any civil lawsuit is
causation. You need to be able to prove
that your current injury was caused by
the defendant. My main concern in your
hypothetical case is causation, and meet-
ing that burden of proof.
You work in a customer facing envi-
ronment, where the restaurant isn’t
requiring customers to wear masks. Even
if your boss had COVID-19 and spread
it to you, it’s going to be hard to prove it
actually came from your boss as opposed
to catching it some other way.
The other issue is that you live in the
world. There are so many possible vectors
for exposure. I do not think this cause of
action would survive at the motion for
summary judgment phase.
As we move forward, I think that’s
going to be a problem with any “I got
COVID-19 at (work) (the concert) (the
church) (the rodeo)” type cases. You
still have to prove causation. I have to be
cautious when answering these, because
I don’t want to say, “no way, no how,” but
it’s certainly an uphill battle.
Q: My neighbor’s dog killed my three
backyard chickens, and I’m wonder-
ing if I can make him reimburse me. He
was apologetic but did not offer to pay to
replace them. Part of the problem is that
my chickens are not technically allowed
in the neighborhood where I live, and he
has been cool about it. So I would feel bad
taking any legal action, plus that might
compromise my ability to have chickens
in the future. What’s the best thing to do
in this case?
A: You’ve identified the issue. Just
because you have a cause of action,
doesn’t mean it’s necessarily a good idea
to file a case. It sounds like your chicken
operation was flying under the radar with
no push back from neighbors. I cannot tell
you to violate the law, but I imagine that
filing a lawsuit almost would certainly
eliminate any future chances of doing the
same thing.
I believe you could file a small claims
suit. There are several steps required
before filing, including making a good
faith effort to resolve the case outside of
court. Please read the full instructions
here: www.courts.oregon.gov/forms/
Pages/small-claims.aspx.
Reading your question, it’s hard to tell
if you’re more upset at the loss of your
chickens or the actual cost of replace-
ment. I have to imagine part of the reason
you’re asking the question is that you
grew close with your backyard compan-
ions over time. You also mentioned your
neighbor was apologetic.
I believe the neighborly thing to do
would be to have a conversation. Let them
know that you plan to replace the chick-
ens, but want to avoid potential future loss
because 1) they cost money to replace;
and 2) you grow attached to the animals
over time. This will be a final opportunity
for the neighbor to offer to pay for the cost
of replacement, and perhaps beef up fenc-
ing on his side to prevent future incidents.
Q: Any advice on how to deal with a
neighbor harassing you with the police
won’t do anything? It’s verbal and prop-
erty harassment.
A: These are the times when I really
need more information to give construc-
tive feedback. My guess is that when
contacted, the police advise you, “This
is a civil matter,” meaning, it hasn’t risen
to a criminal level based on their investi-
gation. I’d really need more details about
what is being said, what is going on and
how the neighbors are harassing your
property.
As you’ve figured out, you can
continue to call the police when issues
arise but finding a long-term solution
sounds like your goal. I’m going to
recommend you talk to an attorney and
here’s why: Depending on your answers
to some questions, your remedy will
change. I don’t believe it would be prudent
to discuss potential remedies without
more information.
You can call local attorneys, or you
can contact the Oregon State Bar Refer-
ral Service for a reference: 503-684-3763.
———
Blaine Clooten is an attorney at law,
serving Umatilla County with a focus on
family law, estate planning and personal
injury cases. Questions answered do not
create an attorney-client relationship.
Facts and law may vary; please talk to
an attorney for more information.
money: It’s your money and your debt.
Grant R. Darrow
Cove
a grim trajectory from the flaming towers
to our own self-immolation.
Stephen Ducat
Joseph
YOUR VIEWS
‘Infrastructure’ spending:
It’s your money, your debt
“Obscene” best describes what is
going on in Washington, D.C., right
now.
Only 10% of the $1.5 trillion infra-
structure bill is earmarked for infrastruc-
ture. The rest is being spent to feather the
beds of a progressive Congress.
On the table is an additional $3.5 tril-
lion reconciliation bill. A reconciliation
bill can be used for three things.
1. Increasing/decreasing taxes (reve-
nue).
2. Increasing/decreasing spending.
3. Raising the debt ceiling.
That’s $5 trillion in new spending that
must be paid for with increased taxes and
raising the debt ceiling. Obscene.
September polling shows that 71%
of all voters consider our national
debt an emergency, and this includes
most independents (70%) and Demo-
crats (63%). Suspending this country’s
debt ceiling isn’t going to be used to
pay America’s bills; it is being used to
finance the far left’s $3.5 trillion recon-
ciliation bill.
Remember, government does not have
GOP is succeeding
where bin Laden failed
While I appreciate the many compelling
national and local stories about the impact
of the 9/11 attacks, the somber truth of this
anniversary has been largely left out of the
coverage: Osama bin Laden won.
The attacks on 9/11 were merely the
detonating charge that got us to blow up
our own country and violate what remained
of its nobler values — to embrace torture,
end due process for certain groups, estab-
lish a surveillance state, mire ourselves in
bloody and expensive Sisyphean efforts at
regime change abroad, refuse to recognize
and address the ongoing climate apoca-
lypse and embrace ventilators over masks
in the current pandemic.
Now, one of our major political parties is
in thrall to an aspiring autocrat and work-
ing feverishly to cripple and nullify voting.
What bin Laden could not achieve — the
end of America as a free, prosperous and
democratic nation — the GOP is pursuing
with an untrammeled passion. It has been
We don’t owe unvaccinated
workers employment
So many articles of late have covered
the opinions of the unvaccinated in rela-
tion to the requirement that health care
workers and state employees get vacci-
nated.
As one of the millions of Oregonians
who have gotten vaccinated, I would like
to express my opinion that those who
have voluntarily chosen to continue to be
agents of illness and death should not be
in contact with the public, or, especially
our children, no matter their past service
as public employees. Their disregard for
the health and safety of our community
members is disqualifying.
If these public servants are truly public
servants, they will do what is right for the
health and safety of the rest of us and get
their vaccinations. If not, we do not owe
them employment.
Heather Stout
Bend