A4 THE BULLETIN • TUESDAY, DECEMBER 13, 2022
Lawsuit
Continued from A1
Arnold, who lives on a small ranch be-
tween Burns and Crane in rural Harney
County, has worked for the past 15 years
for the Oregon Department of Transpor-
tation, doing maintenance work.
He said he’s a dues-paying member of
both the National Rifle Association and
Gun Owners of America, described him-
self as a gun enthusiast and decided he’d
like to get involved.
The son of Arnold’s neighbor is one
of the lawyers representing the plaintiffs,
Canby lawyer Tyler Smith, a past vice-
chair of the Oregon Republican Party
who started a law firm with associates
who describe themselves as “Rural Busi-
ness Attorneys” on the firm’s website.
Smith is currently working to defend
Yamhill County’s Second Amendment
Sanctuary Ordinance in court. He has
defended Sweetcakes by Melissa, the
Oregon bakery accused of illegally dis-
criminating against a same-sex couple
by refusing to sell them a wedding cake
in 2013.
In May 2020, Smith joined with James
Buchal, a former chair of the Multnomah
County Republican Party, in a suit to
represent a group called “Open Our Or-
egon” that challenged Gov. Kate Brown’s
executive orders shutting down busi-
nesses during the coronavirus pandemic.
He recently drew controversy in New-
berg when the conservative-majority on
the Newberg School Board hired him as
a “supplemental” lawyer to defend their
decision to ban Pride and Black Lives
Matter symbols in district schools. He
also has challenged coronavirus vaccine
mandates in court.
Smith, when contacted, referred a re-
porter to his court filings.
According to the suit, Arnold and As-
mussen both have concealed handgun
licenses. They want to continue to buy
guns without having to pay for a permit
“to exercise their constitutional right,”
Smith wrote in the suit.
Arnold said he “packs” a gun every day
for personal defense. He said he typically
carries a Glock 19 with either a 13-round
or a 15-round magazine. He said he takes
it to and from work but doesn’t take it
into work or any job site.
“It seems like every time I turn around,
I’m having to defend my rights,” Arnold
said. “The best way was to do it in a court
of law.”
Arnold contends that the measure will
make “every pistol I own obsolete.” He
points to language in the measure that
says large-capacity magazines that are re-
stricted include ones “that can be readily
restored, changed or converted to accept
more than 10 rounds of ammunition.”
Its proponents counter that the mea-
sure does not make guns that can ac-
commodate a magazine larger than 10
rounds “obsolete.” While it limits the
size of the gun’s magazine to holding 10
rounds, a handgun that can now hold a
15- or 13-round magazine can also just
as easily hold a 10-round magazine, they
said. An owner also
can use a 15-round
magazine that has
been permanently
plugged so that it
holds no more than
10 rounds, drafters
of the measure said.
Under the mea-
sure, magazines
that hold more
than 10 rounds also
can still be used for
target shooting, in
shooting competi-
tions or for recre-
ational purposes,
such as hunting,
as long as it meets
other state laws.
Those who already
own larger-capac-
ity magazines also
can maintain them
on their own prop-
erties.
But Arnold said
those exceptions
don’t work for him.
“I can’t pack
them for personal
protection any-
where outside of
my home,’’ he said.
“You should be
as armed as any
criminal that’s go-
ing to come after
you.”
Assistant At-
torney General
Brian Simmonds
Marshall, who is
defending the measure in court, has ar-
gued that it is extraordinarily rare for
a person, when using guns in self-de-
fense, to fire more than 10 rounds. He
submitted to the court a study by eco-
nomic consultant Lucy P. Allen, who
analyzed the NRA’s Armed Citizen da-
tabase of shootings from January 2011
through May 2017. Allen found that
armed defenders fired 2.2 rounds on
average.
The measure’s ban on the sale of
large-capacity magazines is intended to
reduce mass shootings. Proponents ar-
gue that high-capacity magazines allow
a shooter to kill large numbers of people
quickly by firing many rounds before
stopping or pausing to reload, limiting
victims’ chances of escape.
They say the time a shooter takes to
reload his weapon can be critical to allow
victims to get away and police or others
to intervene.
Both Arnold
and Asmussen
were surprised
they won the tem-
porary restraining
order, and that
the state Supreme
Court didn’t im-
mediately inter-
vene to try to put it
on hold.
They’re not sure
what will happen
Tuesday as Har-
ney County Cir-
cuit Judge Robert
S. Raschio hears
their motion for
a preliminary in-
junction to keep
the law from tak-
ing effect until the
full merits of the
suit are heard.
If Measure 114
does become state
law one day, Ar-
nold said he’ll fol-
low it. In fact, he
recently bought a
new gun — a re-
volver that holds
six rounds — in
case the magazine
restriction takes
effect. Raschio
serves as judge for
both Harney and
Grant county cir-
cuit courts. He ran
as a nonpartisan in
2020 for the judge’s
seat.
An August 2020 Oregon Public Broad-
casting story on his election said he had
donated to Democrats, including the
governor and former House majority
leader Jennifer Williamson.
He previously worked as a criminal de-
fense lawyer and was a past president and
board member of the Oregon Criminal
Defense Lawyers Association.
He’s a Clackamas High School gradu-
ate, who got his undergraduate degree at
Portland State University and his law de-
gree at University of Oregon.
In May 2020, Smith joined
with James Buchal, a former
chair of the Multnomah
County Republican Party, in
a suit to represent a group
called “Open Our Oregon”
that challenged Gov. Kate
Brown’s executive orders
shutting down businesses
during the coronavirus
pandemic. He recently drew
controversy in Newberg when
the conservative-majority on
the Newberg School Board
hired him as a “supplemental”
lawyer to defend their
decision to ban Pride and
Black Lives Matter symbols
in district schools. He also
has challenged coronavirus
vaccine mandates in court.
OBITUARY
Matthew Adam Mazeikas
October 31, 1972 - December 2, 2022
Matthew Adam Mazeikas age 50 of Bend, passed away peacefully December 2,
2022 following complications related to a prior brain injury.
Matt was born on October 31, 1972 to Frank and Karen Mazeikas in Westminster,
California, the youngest of three siblings.
The Mazeikas family journeyed to the rural town of
Temecula, California in 1976. Matt formed many strong
childhood friendships during his elementary and high
school years. His friends were by his side always
until the very end. Matt also loved his family and
he worked at maintaining positive relationships
with them all. He truly cared about his nieces,
nephews, cousins, aunts and uncles.
A big part of Matt was the pain and suffering
he experienced in his life. The tragic loss of his
close friend in his teens was a turning point in his
life. Matt would often travel back to the California
graveside on June 2nd to honor the lives lost that
day.
In 1993, Matt and his close friends began their adult
lives in Bend. Matt became involved in the brewing industry
doing fabrication and welding, a skill he developed while attending college.
On Sept. 9, 2001 Matt suffered a terrible accident on a skateboard which left
him with a traumatic brain injury. Matt survived the accident and worked hard at
rehabilitation and rebuilding his life. Matt was a fighter! It was a very tough life at
times, but Matt was humble and grateful for the extra time he was given, as were
all in his circle. He taught us much about enduring the difficulties of life.
Matthew, Zeik or Matty were the names he was fondly called by those close to him.
However you chose to greet Matt, he would light up a room when he entered. If you
asked Matt, "what's up?" he would respond with, "that's a very good question... the
sun" and if you were working on something difficult he would always act impressed
and exclaim, "no messin' around!" Matt always made sure to acknowledge you;
whether with one of those greetings, a finger point and a knowing head shake or
some Tapatio on his hip that was ready to draw!
Matthew had many families: his family first and foremost, his friends close and
distant, the many businesses around town that he frequented, his bowling league
family and then just about anyone he would run into. Matt was a giving person.
He would give his time and his money to people or causes he believed in. He truly
would give the shirt off his back or his last dollar for people or animals in need.
Matt is survived by his father Frank: mother Karen; brother Mike; and sister,
Michele. Also his stepmom Sharon, and sisters, Kate and Jessie.
The family is sincerely grateful to the care team at St. Charles ICU, to the brewing
community in Bend, and to all of you who loved Matty.
There will be a celebration of his life in Bend, OR. on June 2, 2023.
In lieu of flowers, consider a donation in Matt's name to one of his favorite charities.
Election
Continued from A1
A second-term member who
had been Oregon’s only Re-
publican representative has a
chance to pick up a chairman’s
gavel as two top Democrats
slide into the minority party
status. Two Democratic new-
comers from Oregon are at the
bottom of seniority and with
the party out of power.
Oregon senators retain
political pull
Democrats came out of the
2022 elections with a 51-49 ma-
jority. The Democrats’ ability
to hold onto the Senate means
that Oregon’s two senators will
return to Washington knowing
they are in the majority, with
their seniority giving them po-
sitions to wield gavels as chairs
of key committees. Sen. Ron
Wyden will be the chair of the
influential Finance Committee.
Jeff Merkley can retain two key
environmental-oriented sub-
committee chairmanships.
With senators serving six-
year terms, both will have a
two-year stretch in which they
can focus on policy instead of
politics before the 2024 presi-
dential election.
Gavels gone in the House
It’s the opposite in the House.
Rep. Earl Blumenauer, D-Port-
land, who is the dean of the
Oregon delegation, will have
to hand over his gavel as chair
of the Trade Subcommittee
of the Senate Ways & Means
Committee, most likely to Rep.
Adrian Smith, R-Nebraska,
who was ranking Republican.
Smith is a member of the far
right Tea Party Caucus and was
among House members who
backed an effort by Trump sup-
porters to challenge the Penn-
sylvania election outcome.
Rep. Suzanne Bonamici,
D-Beaverton, has been in Con-
gress for a decade and served
as chairwoman of the Subcom-
mittee on Civil Rights and Hu-
man Services.
She too will have to be con-
tent as “ranking minority mem-
ber” for at least the next two
years.
With the unusual amount of
election upheaval, sophomore
Rep. Cliff Bentz, R-Ontario,
now has the third longest ten-
ure in the delegation. Barring
some major shuffling, the flip
in party control would create
an opening for Bentz to move
from ranking member to chair
of the Subcommittee on Water,
Oceans, and Wildlife, areas of
major interest to his sprawling
rural 2nd Congressional Dis-
trict.
Rep. Lori Chavez-DeRemer,
R-Happy Valley, will be a first-
term lawmaker, but has the ad-
vantage — or disadvantage —
of being a high-profile protégé
of the GOP’s third-ranking
House member, Rep. Elise Ste-
fanik, R-N.Y.
Stefanik backed Chavez-
DeRemer before the Oregon
GOP primary and ensured that
Republican money went to
the race. Recently, Stefanik has
been a leading voice in congres-
sional leadership advocating for
Republicans to clear the pres-
idential primary field for an-
other run by Trump in 2024.
Backers of the defeated
Democrat, Terrebonne attorney
Jaime McLeod-Skinner, have
complained that top House
leaders steered money to other
races, allowing the GOP to win
the formerly Democratic seat
by 2% of the vote. She’s been
encouraged by supporters to
get into the 2024 primary to
take another shot at Chavez-
DeRemer.
Progressive and centrist ele-
ments in the Democratic Party
have continued to debate the
impact of McLeod-Skinner’s
successful run to the left of U.S.
Rep. Kurt Schrader, D-Canby,
who lost the May primary.
At the bottom of the con-
gressional pecking order for the
moment are two Democratic
first-termers, Rep. Val Hoyle,
D-Springfield, and Rep. Andrea
Salinas, D-Lake Oswego.
As brand new members
serving with the minority party,
they’re near the end of the line
for committee assignments
and other perks that help law-
makers make a quick splash in
Washington before their first
reelection campaigns in two
years.
█
gwarner@eomediagroup.com
OBITUARY
Michael Marr
May 9, 1936 - December 5, 2022
Michael Langdon Marr, 86, of Bend, entered
into eternal rest Monday, December 5,
2022, after a short illness. The deceased
was born to the late Ned and Lois Marr
in Los Angeles, California, May 9, 1936.
He is survived by his wife, Phyllis Milum
Marr of Bend; son, Patrick Marr (Maureen
O'Farrell) of Sullivan's Island, South Carolina
and granddaughters Cate (Washington,
DC), Megan (Washington, DC) and Bridget
(Nashville, Tennessee); son Thomas Marr
(Christine Jacobs) and granddaughters
Maggie and Reagan, all of Newport Beach,
California; and daughter Molly Marr Tuttle
(Crawford Tuttle) of Camas, Washington
and grandchildren Olivia (Tucson, Arizona)
and Owen (Camas, Washington); sister
Hilarie Marr Withers (Cecil Withers) of Westlake Village, California; sister in law
Maureen Marr (Denver, Colorado); and nine nieces and nephews. The deceased
is preceded in death by his brothers, Peter Marr of Newport Beach, California
and William Marr of La Canada, California.
Mike graduated from South Pasadena High School in 1954 and after a brief
stint in the US Navy, Mike received his bachelor's degree from the University
of California at Santa Barbara, where he was a member of Kappa Sigma
Fraternity. During college, he met his sweetheart, Phyllis Milum, whom he
married after graduation. Mike had a stellar career in commercial real estate
with firms Coldwell Banker (precursor to CBRE), JC Penney and Melvin Simon
Development. Mike was an expert in negotiating large anchor store transactions
on behalf of JC Penney, and then developing shopping centers for Melvin Simon
Development. Mike's career brought him to Newport Beach, California in 1969
and then New Canaan, Connecticut, Sewickley, Pennsylvania and back to
Newport Beach.
After a successful career of selling high end homes in Newport Beach in the
1990's, Mike and Phyllis retired to Bend to take full advantage of snow skiing,
golfing, fly fishing and other outside endeavors. As a youngster, Mike was raised
in Southern California, Modesto, California and Philadelphia, Pennsylvania.
Mike was a fifth generation Californian and had a knack for making friends
everywhere he went and remained friends with people all over the country
up to his death. Mike loved to travel, visit with his grandchildren, and play golf
at Broken Top Club. Mike was especially fond of his 60-pound Labrador, Doc,
where he was seen daily walking Doc throughout Broken Top.
Mike believed his greatest achievements was somehow snagging one Phyllis
Milum, remaining married for more than 61 years, and raising three children
where he instilled in them the highest degree of integrity and being loyal to
family and friends. Mike was unique that he had many that considered him
their best friend. Mike was as honest as the day was long and truly genuine. His
quick wit and annual Christmas letters kept people laughing and made people
want to be around him. A celebration of life will be held in Bend and Newport
Beach, California at a later date. In lieu of flowers, memorials should be made
to Bend Disabled American Veterans (DAV).