BAKER CITY HERALD — 3A
THURSDAY, MAY 28, 2020
LAWSUIT
the lawsuit could proceed to
trial in Baker County Circuit
Continued from Page 1A
Court.
Shirtcliff’s third option is
The plaintiffs, led by
the one he chose — to not
Elkhorn Baptist Church of
vacate his decision but not
Baker City and represented
issue a supplemental written by Salem attorney Ray Hacke
opinion.
of the Pacifi c Justice Insti-
The issue now returns to
tute, which defends religious
the Oregon Supreme Court.
freedom, argue that Brown,
Attorneys representing the by invoking in her executive
governor have until today
orders a state law — ORS
to fi le briefs related to the
chapter 433 — dealing with
preliminary injunction. The
public health emergencies, is
plaintiffs’ attorneys have
subject to that law’s 28-day
until June 2 to fi le responding limit on such emergencies. By
briefs.
that measure the executive
The current legal issue is
orders ended in early April,
the preliminary injunction,
and the plaintiffs contend the
not the lawsuit itself.
governor no longer has the
Whether or not the
legal authority to restrict a
Supreme Court decides to
variety of activities, including
reinstate the injunction
the current 25-person limit
Shirtcliff granted May 18,
on public gatherings such as
church services.
Shirtcliff agreed with the
plaintiffs and cited the 28-day
limit in his May 18 decision
granting the preliminary
injunction.
Brown’s attorneys, mean-
while, argue that the gover-
nor’s executive orders are not
subject to the 28-day limit in
that law because her initial
declaration of an emergency
related to the coronavirus
was under a different law —
ORS chapter 401, a general
emergency statute that has
no time limit.
Brown has since extended
the emergency declaration to
July 6.
Kevin Mannix, a Salem at-
torney and former state legis-
lator who represents a group
of intervenors who support
the plaintiffs in the lawsuit,
issued a statement about
Shirtcliff’s Tuesday letter.
“I am pleased that Judge
Shirtcliff chose to stand by
his original decision, which I
fi rmly believe is strongly sup-
ported by proper analysis of
the statutes,” Mannix wrote.
“We will now have the op-
portunity to fully engage with
the Governor’s representa-
tives in front of the Supreme
Court. We will make the case
that the rule of law in Oregon
allows continued standard
regulation of public health
matters, but it does not allow
the Governor extraordinary
powers to close down busi-
nesses and churches, beyond
28 days from the original
declaration of a public health
emergency.”
The travails of COVID-19 testing
Oregon has been manageable and is
declining in most parts of the state.
SALEM — Oregon recorded its fi rst
But that above-average number of
COVID-19 death on March 14. Over
deaths is like ripples on a pond — a sign
the next eight weeks, 6,799 Oregonians that something disturbed the water, even
would die — well above the fi ve-year
if you didn’t see what broke the surface.
average for that period.
Until recently, there weren’t enough
All told, Oregon exceeded its aver-
COVID-19 tests, including in Oregon. So
age death toll by more than 400. It’s an
it’s a given that many cases were missed
alarming number, particularly since
as testing capacity ramped up in April
traffi c deaths are down 32% compared
and May.
to last year. And yet, only 132 deaths in
But even if you got a test, there was
this period were attributed to the new
no guarantee the results were accurate.
coronavirus.
When a diagnostic test is created, it’s
“I think that number is concerning,”
tested with samples that are known
State Epidemiologist Dr. Dean Sidelinger to have the virus, to see if it’s accurate.
said. “I wish, you know, I knew what the That’s in the lab, where a test might be
reason was for all those deaths.”
100% accurate.
But Sidelinger doesn’t know. No one
“But it’s important to remember that
does.
there’s a difference between laboratory
Oregon started to reopen on May 15,
accuracy, and analytical accuracy or
and to do that safely, the state needs
clinical accuracy,” said Dr. Yassmine Ak-
widely available, accurate testing to
kari, the director of molecular pathology
catch new outbreaks of the disease. And at Legacy Health in Portland. “Analyti-
so it’s critical that Oregon’s COVID-19
cal sensitivity is the ability of a test to
numbers can be trusted.
detect the virus when it’s actually pres-
Whether or not Oregon’s count is miss- ent in the specimen.”
ing cases comes down to three things:
Basically: In the real world, things
Are enough people being tested? Are the get messy. A lot of little things can go
right people being tested? And are those wrong.
tests accurate?
Several studies of COVID-19 tests
Compared with the number of cases
have found high rates of false negatives,
per capita in places with similar popula- far above the recommended 5%.
tions — like Colorado or hard-hit states
Right now, Oregon is relying on two
like New York, Massachusetts and
types of tests: RT-PCR tests, considered
Illinois — Oregon has, so far, been spared the gold standard in disease diagnostics,
the worst of the COVID-19 pandemic.
and rapid tests, which have come online
People largely complied with Gov. Kate
in large numbers more recently.
Brown’s stay-home order. The number
To understand how a test that seems
of hospitalized COVID-19 patients in
accurate can result in false negatives,
By Erin Ross
Oregon Public Broadcasting
it helps to understand the tests and the
way they’re conducted.
RT-PCR: an imperfect gold-
standard test
The fi rst COVID-19 tests available
were RT-PCR tests. They require a very
small amount of genetic material (DNA
or RNA), copy that material, and then
read the sequence.
For COVID-19, the test usually
starts with a swab, stuck far up the
nose. Then, the RNA is extracted from
the virus and other material, like snot
and proteins from the viral shell, are
removed. The RNA forms a little pellet
at the bottom of a tube.
Then that purifi ed sample is put
into the RT-PCR machine. RT stands
for reverse transcription and PCR is
short for polymerase chain reaction. A
polymerase is a molecule that makes
copies of genetic material. Scientists add
a “primer” to the mix, and add the poly-
merase. The primer tells the polymerase
what part of a gene to copy.
The machine cycles until eventually
there’s enough RNA to sequence. The
different letters in the genetic code are
tagged with pigments that glow different
colors. The machine reads those colors
and turns it into genetic code — a string
of letters unique to that virus.
“If somebody tests positive, that’s a
very clear indicator that they almost
defi nitely have a virus,” said Thomas
Jeanne, the Oregon Health Authority’s
senior adviser on testing.
See Testing/Page 5A
Ellen Rosenblum, Oregon
attorney general, issued a
statement Tuesday afternoon:
“In a letter to the Oregon
Supreme Court this morn-
ing, the Baker County Judge
announced he is standing by
his decision that all of the
Governor’s “Stay Safe; Stay at
Home” executive orders are
null and void. We appreciate
the Oregon Supreme Court’s
Saturday (of Memorial Day
weekend) ruling and we look
forward to the Court’s con-
sideration of the legal issues.
We will be fi ling an extensive
brief on Thursday advocat-
ing for upholding the orders
and allowing for the safe and
orderly reopening of our state
that is already well underway.
Meanwhile the Governor’s
orders remain lawful and in
effect.”
Mannix said in a telephone
interview Tuesday afternoon
that the Supreme Court
chose what he described as a
“middle ground.”
The state’s highest court
could have either agreed
with the governor’s attorneys
and dismissed Shirtcliff’s
order granting a preliminary
injunction, or it could have
concurred with the plaintiffs
and dismissed the governor’s
challenge to the injunction,
reinstating Shirtcliff’s order
from May 18.
The Supreme Court did
neither, and instead will
review legal arguments from
both sides on the question
of whether the injunction
should be tossed out or rein-
stated.
L OCAL B RIEFING
Baker County Weed Control District
giving away herbicide on Saturday
The Baker County Weed Control District’s annual
herbicide giveaways are scheduled for Saturday, May
30, in Baker City, Hereford and Unity.
The free herbicide is designed to control noxious
weeds on pasture, range and non-crop lands. Each
person can get up to 5 gallons of herbicide, enough to
treat about 4,000 square feet.
Please bring a closed container — an herbicide
sprayer is acceptable. Due to the coronavirus pan-
demic, please stay in your vehicle until you’re notifi ed
to come collect the herbicide.
The schedule:
• Baker County Weed Control District shop, 1050 S.
Bridge St. (former ODOT maintenance shop), 9 a.m.
to noon
• Hereford, Baker County shop, 1:30 p.m. to 3 p.m.
• Unity, post offi ce parking lot, 3:30 p.m. to 5 p.m.
Harvest Christian Academy has open
enrollment for all grades for the fall
Harvest Christian Academy in Baker City is enroll-
ment students in all grades for this fall. The school is
open for students age 3 through 12th grade. The school
uses the Abeka curriculum for all grades.
Costs and other information are available at www.
bakercityharvest.org
Community Connection has money
available for food and shelter programs
Baker County will receive $6,792 from the Federal
Emergency Management Agency and $9,683 from the
CARES Act’s emergency food and shelter program.
Organizations that provide those services to Baker
County residents can apply for some of the money
through Community Connection of Baker County.
To request an application, call Joe Hayes at 541-523-
6591, extension 11, or email to joe@ccno.org. Applica-
tion deadline is June 12 at 4 p.m.
Officials to announce school reopening plans for fall
By Les Zaitz
Salem Reporter
SALEM — Parents, teachers and
school superintendents will fi nd
out in early June how schools are
expected to function this fall after
months of being closed.
Colt Gill, director of the Oregon
Department of Education, said in
an interview that the state expects
school buildings to reopen in Sep-
tember.
He said his agency, working with
the Oregon Health Authority, will
announce soon what the conditions
will be for school in the fall.
“We’re working really hard to
ensure that school next year is going
to be a safe place to be,” Gill said.
Public schools closed on March
13 and are fi nishing the 2019-2020
school year with students never re-
turning to their classrooms. Teach-
ers instead worked with students
remotely, relying on videos, emails
and phone calls.
The unprecedented fi nish to
the school year came as Gov. Kate
Brown applied orders across the
state to contain the coronavirus.
Gill said he expects schools can
open in a “vast majority of Oregon
communities” but said schools will
have to live with new rules and re-
strictions. Some school systems may
be required to resort to distance
learning because of continuing high
levels of infections in the commu-
nity.
He said that schools that do open
may have to teach students with
a blend of in-class instruction and
distance learning from home. That
will depend on how many students
can be safely allowed in one class,
Gill said.
“We’re working really hard to
ensure that school next year is
going to be a safe place to be.”
— Colt Gill, director, Oregon
Department of Education
Once the state settles on how
schools will function, superinten-
dents and teachers have about 90
days to be ready to teach again.
Green said the complexity
involved is “exceedingly challeng-
ing.” He said the quick switch in the
spring to distance learning has been
a challenge for educators.
“Reopening our schools is twice
that, if not more,” Green said.
“Schools will not look in the 2020-
S. John Collins / Baker City Herald fi le photo-2013 2021 school year like they ever have
“Curious George” fi nds it way into the hands of third-grade student before.”
Emily Huffer during a Baker County Literacy Program book give-
“There’s just so much,” Albisu
away at Brooklyn Primary School in 2013.
said. “It forces us into a plan A and a
plan B and kind of a plan C.”
He said the state’s schools and
“We’re going to be living with
School leaders said Oregon
the Education Department face one this disease,” Gill said. “Whenever
schools face considerable uncer-
challenge atop another to ready for we loosen restrictions, we increase
tainty.
the new school year.
some risk that people will pick up
One issue is staffi ng. While
Gill said he formed a “pretty
the illness.”
children have been less affected by
signifi cantly large team” at the state
Jim Green, executive director of
the disease, vulnerable adults have
agency to plan and in recent days
the Oregon School Boards Associa- been encouraged by health authori-
has had “deep engagement” with
tion, said schools want freedom to
ties to keep relatively isolated. That
school superintendents, teachers
devise their own solutions to meet
includes older adults and those with
and parents to devise the opening.
broad state requirements rather
compromised health.
He said superintendents across
than having each school practice set
Green noted that 35% of the
Oregon are “interested in having
by state offi cials.
state’s school employees are eligible
their students back at school and be
Nikki Albisu, superintendent of
to retire. That means some educa-
able to ensure that they can over-
the Ontario School District, is one
tors and employees who cook meals
come any type of learning loss that who wants a level of independence. and drive buses may stay away
has happened.”
“They need to plan not with Port- from their jobs for now.
Gill cautioned that because
land in mind but with everybody in
“We still have to fi gure out how
circumstances with COVID-19 can mind. Not one size fi ts all,” Albisu
we’re going to staff school,” Green
change rapidly, plans announced in said.
said.
June could have to be modifi ed even
Gill said he intends to allow for
That could, in turn, require more
before schools open.
such “local fl exibility.”
substitute teachers than typical,
driving up school costs.
Albisu is surveying her staff to
fi nd out who is comfortable return-
ing to the school buildings.
“We have a lot of adults in the at-
risk category,” Albisu said. “What’s
the plan if we can’t get them back
on the job?”
Green said there could be a blend
of teaching, with some teachers han-
dling in-school classes while others
provide distance learning.
Busing is another uncertainty,
Green said.
Current social distancing require-
ments — keeping people 6 feet
apart — would mean that students
would sit only one per seat and in
every other seat on a school bus.
“School buses are not meant
to have one kid every other seat,”
Green said.
Green said educators are asking
the state to loosen that social dis-
tancing standard to ease the strain
on school transportation systems.
He said another challenge, though,
will be that many bus drivers are
retirees who are more at risk of the
infection. There may be a shortage
of drivers in the fall.
That could lead to longer walking
distances for students, Green said.
All the planning is underway as
school funding remains in question.
The state budget is forecast to have
billions less in revenue, but the
governor hasn’t indicated yet how
she proposes to cut state spending
to match.
Gill said his agency is advising
school districts “to continue to wait”
for those spending decisions before
adjusting their own budgets.
“We’re all in a wait-and-see
mode,” Gill said.