THE BULLETIN • MONDAY, FEBRUARY 22, 2021 A3
TODAY
Today is Monday, Feb. 22, the
53rd day of 2021. There are 312
days left in the year.
Today’s Highlight in History:
On Feb. 22, 1980, the “Miracle
on Ice” took place in Lake Placid,
New York, as the United States
Olympic hockey team upset the
Soviets, 4-3. (The U.S. team went
on to win the gold medal.)
In 1732, the first president of the
United States, George Washing-
ton, was born in Westmoreland
County in the Virginia Colony.
In 1889, President Grover Cleve-
land signed an enabling act
paving the way for the Dakotas,
Montana and Washington to
become states.
In 1959, the inaugural Daytona
500 race was held; although
Johnny Beauchamp was initially
declared the winner, the victory
was later awarded to Lee Petty.
In 1967, more than 25,000 U.S.
and South Vietnamese troops
launched Operation Junction
City, aimed at smashing a Viet-
cong stronghold near the Cam-
bodian border.
In 1984, David Vetter, a 12-year-
old Texas boy who’d spent most
of his life in a plastic bubble
because he had no immunity to
disease, died 15 days after being
removed from the bubble for a
bone-marrow transplant.
In 1987, pop artist Andy Warhol
died at a New York City hospital
at age 58.
In 1997, scientists in Scotland
announced they had succeeded
in cloning an adult mammal,
producing a lamb named “Dolly.”
In 2004, consumer advocate
Ralph Nader announced he was
running again for president, this
time as an independent.
In 2005, Buckingham Palace
said Queen Elizabeth II would
not attend the civil marriage cer-
emony of her son Prince Charles
and Camilla Parker Bowles —
but that her absence should not
be interpreted as a snub.
In 2010, Najibullah Zazi, accused
of buying beauty supplies to
make bombs for an attack on
New York City subways, pleaded
guilty to charges including con-
spiring to use weapons of mass
destruction.
In 2017, the Trump administra-
tion lifted federal guidelines
that said transgender students
should be allowed to use public
school bathrooms and locker
rooms matching their chosen
gender identity.
In 2019, a California couple
pleaded guilty to torture and
years of abuse that included
shackling some of their 13 chil-
dren to beds and starving them.
Ten years ago: A defiant Moam-
mar Gadhafi vowed to fight
to his “last drop of blood” and
roared at supporters to strike
back against Libyan protesters
to defend his embattled regime.
A magnitude-6.1 earthquake
in Christchurch, New Zealand,
killed 184 people. Somali pirates
shot to death four Americans
taken hostage on their yacht
several hundred miles south
of Oman. Former White House
chief of staff Rahm Emanuel was
elected mayor of Chicago.
Five years ago: President
Barack Obama sent lawmakers
an official $1.9 billion request to
combat the spread of the Zika vi-
rus in Latin America and the U.S.
The City Council of Charlotte,
North Carolina, voted 7-4 to pass
a new law allowing transgender
people to choose public bath-
rooms that corresponded to
their gender identity.
One year ago: A dozen towns
in northern Italy effectively went
into lockdown after the deaths
of two people infected with the
coronavirus. South Korea report-
ed an eight-fold jump in viral
infections, with more than 400
cases mostly linked to a church
and a hospital.
Today’s Birthdays: Actor Paul
Dooley is 93. Actor James Hong
is 92. Actor John Ashton is 73.
Actor Miou-Miou is 71. Actor
Julie Walters is 71. Basketball Hall
of Famer Julius Erving is 71. Actor
Ellen Greene is 70. Former Sen.
Bill Frist, R-Tenn., is 69. Former
White House adviser David Axel-
rod is 66. Actor Kyle MacLachlan
is 62. World Golf Hall of Famer
Vijay Singh is 58. Actor-comedian
Rachel Dratch is 55. Actor Paul
Lieberstein is 54. Actor Jeri Ryan
is 53. Actor Thomas Jane is 52.
TV host Clinton Kelly is 52. Actor
Tamara Mello is 51. Actor-singer
Lea Salonga is 50. Actor Jose
Solano is 50. International Tennis
Hall of Famer Michael Chang is
49. Rock musician Scott Phillips
is 48. Singer James Blunt is 47.
Actor Drew Barrymore is 46. Ac-
tor Liza Huber is 46. Rock singer
Tom Higgenson (Plain White
T’s) is 42. Rock musician Joe Hot-
tinger (Halestorm) is 39. Actor
Zach Roerig is 36. Actor Daniel E.
Smith is 31.
— Associated Press
LOCAL, STATE & REGION
OREGON LEGISLATURE | HARASSMENT CASE
STATE BRIEFING
Judge clears way for House vote
to expel Democratic lawmaker
BY LAUREN DAKE
Oregon Public Broadcasting
Oregon Rep. Diego Hernan-
dez’s attempt to stop the House
of Representatives from voting
on whether to expel him from
the Legislature failed Saturday
when a judge declined to in-
tervene.
Earlier this month, a panel
of lawmakers determined Her-
nandez harassed and created
a hostile work environment
for three women. The entire
House could vote as soon as
Tuesday on whether to expel
the Portland Democrat.
Hernandez’s lawsuit sought
a temporary restraining order
to stop the vote on expulsion
and to prevent any other sanc-
tions. But United States Dis-
trict Court Judge Ann Aiken
made it clear the Oregon Legis-
lature has been “entrusted with
power over policing its own
members,” and she was leery of
allowing the court to intervene.
In her opinion, issued Sat-
urday afternoon, the judge
noted Hernandez’s contention
was he would suffer “public
condemnation, damaged rep-
utation, and reduced financial
expectations” if he was ex-
pelled without being provided
“a meaningful opportunity to
be heard.”
“However, plaintiff has not
plead any facts that his expul-
sion is certain or even likely
to occur,” Aiken wrote. “In or-
der to forestall the possibility
of this uncertain outcome, the
Court would need to intrude
on the prerogatives of the Or-
egon Legislature, ordering, as
(Hernandez) requests, that the
House of Representatives not
even consider a resolution sub-
mitted by its own members.”
It would take a two-thirds
vote or 40 members of the
House to expel Hernandez.
The third-term Democratic
lawmaker, who represents East
Bryan M. Vance/OPB file
A judge will allow the Oregon House’s vote to expel Rep. Diego Hernan-
dez, D-Portland, to proceed.
Portland, would be the first
person expelled from the Leg-
islature, according to available
state records. The vote would
not happen, however, if Her-
nandez decided to resign first.
During the oral arguments
held on Thursday, Hernandez’s
attorney, Kevin Lafky, argued
the lawmaker has not had a
meaningful chance to present
his case. The House Conduct
Committee, Lafky said, missed
evidence that would have
added context and nuance to
Hernandez’s case. When Her-
nandez tried to offer more ev-
idence to bolster his case, his
attorney pointed out, much of
it was highly redacted.
“It would be like a jury say-
ing, ‘Well, judge, thanks for
those exhibits. But I’m not go-
ing to consider them,’” Lafky
told the judge.
Hernandez’s lawsuit in-
cluded several text messages
with the women who were part
of the investigation and exten-
sive communication records
that were not presented during
legislative hearings examining
his behavior.
Aiken, the judge, disagreed
with Lafky’s interpretation in
her opinion, noting Hernan-
dez was able to participate and
respond to the investigation,
to the House Conduct Com-
mittee members. And, she
noted, he will have a chance to
speak to his colleagues on the
House floor before they vote
on whether to expel him.
House Speaker Tina Kotek,
also a Portland Democrat, has
already said the normal time
constraints put on floor de-
bates would be waived, giv-
ing anyone an opportunity to
speak as long as they needed
while discussing the vote.
During the oral arguments,
the judge also pointed out the
vote was initially planned for
last Tuesday and Hernandez
had not planned to attend or
testify.
The Feb. 16 scheduled
vote was canceled due to the
weather, but Hernandez filed
an excused absence on Feb. 12
citing he would not be present
for the vote due to “physical
and mental health reasons.”
Marc Abrams, the attorney
representing the Legislature,
argued the lawmaker was “sub-
jected to an extensive investiga-
tion and he was found to have
committed most of the alleged
acts.” He also disagreed with
Lafky’s assertion that Hernan-
dez was denied due process.
Hernandez “has received
abundant process; he merely
dislikes the outcome,” Abrams
wrote in the reply to the law-
suit.
In her opinion, Aiken also
writes Hernandez has claimed
the actions against him are
“based substantially on (his)
race,” and alleges “many Cau-
casian members ... have com-
mitted much more severe acts”
than him but never faced ex-
pulsion.”
But, she continued, Hernan-
dez has failed to present any
evidence that any action taken
against him was based on his
ethnicity.
Hernandez has also argued
extensively throughout this
process that the rule prohibit-
ing workplace harassment in
the Capitol is flawed.
“The Legislature has been
subject to similar scandals in
past years, and it may be, as
(Hernandez) alleges, that some
transgressors were able to re-
sign or reach some other set-
tlement prior to facing expul-
sion,” Aiken wrote. “However,
the public has interest in begin-
ning to address these inequi-
ties at the highest levels of state
government and ensuring that
harassment is no longer toler-
ated or excused.”
In addition to a restrain-
ing order, Hernandez’s lawsuit
seeks $1 million in damages,
plus attorney fees, noting the
process of investigating allega-
tions against him has inflicted
“emotional distress in the form
of anguish, embarrassment,
loss of reputation, fear, worry,
grief, anger, confusion, frustra-
tion, loss of sleep, and interfer-
ence with usual life activities”
for him.
That part of the lawsuit is
expected to move forward, ac-
cording to Lafky.
Coast Guard rescues 4
after fishing boat flips
The U.S. Coast Guard
said Saturday it rescued all
four people on board a fish-
ing boat that capsized at the
Tillamook Bay bar, but two
were unresponsive when
pulled from the water.
The Coast Guard said
the fishing vessel capsized
around 4:40 p.m. at the en-
trance to Tillamook Bay.
Coast Guard personnel
were staffing a watchtower
and saw the boat capsize as
it entered the bay and im-
mediately sent a rescue crew
from Garibaldi.
It took until 6 p.m. to res-
cue one of the four from
the vessel. The Coast Guard
said it sent all four to hospi-
tals but didn’t immediately
provide information on
their conditions.
2 earthquakes strike
off Oregon Coast
Two earthquakes rum-
bled deep off the Oregon
Coast on Saturday, register-
ing magnitudes of 4.9 and
5.1, according to the U.S.
Geological Survey.
The USGS categorizes
earthquakes of that scale as
light or moderate.
The quakes were approx-
imately 170 miles west of
Bandon and 6 miles deep.
They struck in quick suc-
cession, beginning a little
after 1:15 p.m.
The National Weather
Service said there was no
danger of a tsunami.
Earthquakes are common
along the Pacific Rim. Ge-
ologists warn the Cascadia
Subduction Zone off the
Northwest coast will even-
tually trigger a major quake
that will cause severe dam-
age, even well inland.
Authorities urge residents
to prepare for that even-
tual quake by storing food
and water for emergencies
and setting family meeting
places for after a disaster.
— Bulletin wire reports
Idaho bill to outlaw demonstrating at private homes advances
BY KEITH RIDLER
Associated Press
BOISE, Idaho — A bill to
make illegal demonstrating at
a person’s residence headed to
the full House on Friday, after a
series of demonstrations at the
homes of officials and police
officers spurred by frustration
with restrictions on gatherings
or mask-wearing mandates to
slow infections and deaths be-
cause of the coronavirus pan-
demic.
The House Judiciary, Rules
and Administration Commit-
tee voted 11-4 to approve the
bill backers say is needed to
prevent mobs from trying to
intimidate and even terrorize
families in their homes.
Backers say allowing the
demonstrations will tear the
social fabric by causing people
to avoid public service or join
police agencies.
“When we turn the volume
up this high on political dis-
course, we crowd out anybody
not willing to be equally as
confrontational, angry, loud or
violent,” Republican Rep. Greg
Chaney said. He is a co-spon-
sor of the legislation with Rep.
Brooke Green, a Democrat
from Boise.
In the last year, “a new play-
book has been written, and
several groups of individuals
across the spectrum used it to
terrify families in their homes,”
Green said.
The public hearing drew so
many people wanting to tes-
tify that comments were taken
Wednesday and Friday. After
Wednesday’s raucous hearing,
torch- and pitchfork-wielding
protesters gathered outside
Chaney’s house that evening.
Law enforcement agencies
support the bill.
“There’s a lot of turmoil over
this last year, 2020 especially,”
Canyon County Sheriff Kieran
Donahue said. “But that agi-
tation should not be taken to
people’s individual homes.”
The American Civil Liber-
ties Union of Idaho opposed
the bill, saying it violated free
speech rights and would be
challenged in court if it be-
came law. Chaney said the bill
is modeled after an Arizona
law that has been enforced for
about 30 years.
Some who testified said they
went to demonstrate at homes
because they said their ability
to protest at public meetings
had been limited as govern-
ment entities started hold-
ing meetings online to avoid
spreading the virus.
“Why would I feel the need
to go to their personal resi-
dences? It’s because I’m not
being heard,” Del Chapel said.
“That’s why. I’m not being
heard. And when I feel like I’m
not being heard, I’m going to
go someplace where I
can be heard.”
Many of those tes-
tifying against the bill
used terms common
among anti-govern-
ment activist Ammon
Bundy and his People’s
Bundy
Rights network, con-
tending in general the
people were having their rights
taken away. Bundy, who has
picketed at people’s homes and
encouraged others to do so, is
banned from the Statehouse
following his two arrests in the
building in August during a
special session called to deal
with the pandemic.
His People’s Rights network
has grown significantly during
the pandemic as pre-
cautions to avoid
spreading the virus,
such as mask-wearing
or limits on public and
private gatherings,
have been put in place.
For a time, gath-
erings of 10 or more
in private residences
were also banned as coronavi-
rus deaths soared in Idaho and
hospitals feared rationing care.
“If you had left our houses
alone, we would have left your
houses alone as well,” Jessica
Taylor Towery and the team at The
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Marcu, of Nampa, told law-
makers.
Many of those testifying on
Wednesday veered from the
topic of the legislation to make
personal attacks on lawmakers,
particularly Chaney, the sys-
tem in general and members
of the media. The committee
room had a significant police
presence both days.
Before the vote, lawmakers
said they struggled to come to
a decision on the bill. Repub-
lican Reps. Ron Nate and Juli-
anne Young opposed the bill,
saying they appreciated the
idea but that it was too broad.
Nate said it could prevent pro-
tests at a public site if there was
a private home nearby.
Heidi Olson-Dunlap
Broker
Mountain Living Real Estate Group of Central Oregon
Mountainlivingreg.com