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About The Blue Mountain eagle. (John Day, Or.) 1972-current | View Entire Issue (Oct. 23, 2019)
NEWS MyEagleNews.com Wednesday, October 23, 2019 A5 ODOT, TSA warn travelers ‘Real ID’ Court halts Gov. Brown’s flavored nicotine vape sales ban compliance could cause massive headache By Sam Stites Oregon Capital Bureau The Oregon Court of Appeals Thursday granted a temporary stay on Ore- gon Health Authority rules enforcing a 180-day ban on the sale of flavored nicotine and medical marijuana vap- ing products. The temporary ban against the sale of recre- ational flavored marijuana vaping products, regulated by the Oregon Liquor Con- trol Commission, remains in force. The ruling came in response to two petitions for injunctions filed with the court against Gov. Kate Brown and the Oregon Health Authority seeking judicial review of the ban. Brown had previously issued an executive order directing the agencies to implement the ban. Canby attorney J. Ryan Adams filed one of those petitions Oct. 16 on behalf of No Moke Daddy LLC, which operates two e-cig- arette shops in downtown Portland under the name Division Vapor. “We believe the gover- nor overstepped her author- ity by directing (the OHA and OLCC) to enact this ban,” Adams said. “Essen- tially we asked the court to invalidate the rule.” According to Adams, his client decided to file for the injunction because they were worried about the employment impacts the temporary ban would have on what they consider a booming industry that employs thousands of Ore- gonians across the state. Gov. Kate Brown Brown’s executive order followed a wide- spread outbreak of acute lung injuries that are being tracked across the coun- try and linked to the use of both marijuana and nic- otine vape products. As of last week, more than 1,300 cases had been reported with 26 deaths, two of those happening in Oregon. Last week the OLCC approved temporary rules that were ordered to take effect Oct. 15 that would take all fla- vored vape products off the shelves of approximately 4,000 retailers across the state. On their website, Divi- sion Vapor had posted a message saying they would be effectively out of busi- ness as of Oct. 14, ahead of the ban that came into place the following day. “This is their entire busi- ness,” Adams said. “One of the requirements to enact an emergency rule is the agency has to state a need for the rule and how the rule meets that need. The OHA stated the need for the rule was based on the gov- ernor’s executive order, but nowhere in the rule did it say the rule meets the need. That was the basis for us asking the court to stay the rule.” Adams said that his cli- ent is excited they will get to remain in business. “The employees of the shop are the biggest win- ners here today,” he said. The ruling will essen- tially force the state via the Oregon Health Author- ity and Gov. Brown’s office to prove that the rule hasn’t violated state statute in exceeding their boundaries while the court reviews the rule. Responding to the rul- ing Thursday, Charles Boyle, Brown’s press sec- retary, said in a statement that “the court’s decision to enter a temporary stay today is unfortunate due to the ongoing public health threat posed by vaping-re- lated illness.” Boyle maintains that, in light of the nationwide outbreak of vaping-related injuries, a temporary ban under the state’s emergency rulemaking process is the best path forward available to Gov. Brown and state agencies under Oregon law to protect the public health of Oregonians. “Gov. Brown will con- tinue to work with the Vap- ing Public Health Work- group, state agencies, stakeholders, and the Leg- islature to find long-term solutions that will protect the public health from vap- ing-related illness,” he said. “Gov. Brown continues to urge Oregonians to heed the public health warn- ing of the Oregon Health Authority and to stop vap- ing immediately.” By Sam Stites Oregon Capital Bureau If you’ve flown from Portland International Air- port within the past cou- ple of weeks you’ve prob- ably received a warning from Transportation Secu- rity Administration agents while waiting to get through security: Beginning Oct. 1, 2020, they’ll no longer accept state-issued identifica- tion that doesn’t comply with “Real ID” standards. That news surprised one Oregonian catching an early morning flight to Chicago this month. She explained to the TSA agent that she knew about the change and had obtained a new Oregon driver’s license the previous week. So, she told him, she’s ready for the new law. Except, the TSA agent told her, she’s not. That’s because Oregon’s Driver and Motor Vehicle Division offices won’t issue licenses that comply with the Real ID standards until July 2020 (the new licenses will have a star in the upper right corner). “So I have to get a new license in July?” the woman asked. The agent asked: Does she have a valid passport? She does. So, the agent told her that document will work. The woman was relieved, but wondered aloud, “How did this happen? It makes no sense.” Incompatible computers The saga began when Congress passed the Real ID Act of 2005. On the recom- mendation of the 9/11 Com- mission, federal lawmak- ers created a set of standards Pamplin Media Group file photo TSA agents are warning Oregon travelers that they will have to have a Real ID-compliant driver’s license by October 2020 or they won’t be able to fly. for the issuance of sources of identification like driver’s licenses. To understand why Ore- gon is in this predicament, you have to go back to 2009 when the Legislature passed Senate Bill 536, legislation that balked at the Real ID Act, calling it out as an unfunded mandate. Oregon lawmakers were unhappy that the fed- eral government didn’t out- line how it would reimburse the state for updating driver information systems. Oregon lawmakers also felt a new system would provide few security protections, leaving identification systems open to insider fraud, counterfeit documentation and database failures. The bill passed with lit- tle opposition, and the fed- eral government pushed back the deadline as Oregon and nearly almost all other states refused to comply. During the next decade, the federal Department of Homeland Security began rolling out the law in phases, first at its own Washington, D.C., headquar- ters, then at nuclear facilities across the country. Air travel requirements were rolled out beginning Jan. 22, 2018. Ahead of the deadline, most states began chang- ing their systems, which included implementation of massive new data servers to keep identification informa- tion secure. The system was used to instantly verify docu- mentation, such as birth cer- tificates, passports, Social Security numbers and resi- dential addresses. Driver and Motor Vehicles Services spokesman David House said Real ID compli- ance continued to come up in Oregon’s legislative process each year. One obstacle to the state’s participation was technology. ODOT’s system was running on millions of lines of primitive code inside an old mainframe computer. House said it could have been updated to handle the new information required for Real ID compliance, but the half-century-old system “is simply incompatible with modern technology.” report of a suspicious person on West Main Street. Oct. 18: Assisted Har- ney County with the return of personal belongings to an arrestee. Oct. 18: Assisted with finding the owners of an injured animal on Canyon Boulevard. Oct. 19: Arrested Michael W. Roberts, 41, John Day, on a parole violation. • Oregon State Police Oct. 14: Received infor- mation of a buck with cords in its antlers on Meadowlark Lane. Oct. 16: Received a report of a bus hitting a cow on Highway 395N. A van hit a second cow on the same highway. Oct. 16: Received a report of a couch cushion on Highway 26. Oct. 16: Received a report of cows on Highway 26. Oct. 20: A request was made to provide wildlife salvage information to a res- ident in Prairie City. • Grant County Sher- iff’s Office Oct. 14: Responded to a report of an intoxicated and unwanted subject on Ingle Street in Mt. Vernon. Oct. 15: Received a report of theft in Prairie City. Oct. 16: Received a report of a lost animal on Corral Gulch. Oct. 18: Advised of a request for assistance from adult protective services. • John Day ambulance Oct. 14: Responded to an 83-year-old woman who had fallen on Trafton Lane. Oct. 15: Paged for a 65-year-old man with abdominal swelling. Oct. 17: Along with Long Creek ambulance, dis- patched for a man who was unconscious on West Main Street. Oct. 19: Paged for a man with difficulty breathing and tightness in the chest on Canyon Boulevard. • United States Forest Service Oct. 18: Responded to a fire on Dixie Mountain. COPS AND COURTS Arrests and citations in the Blue Mountain Eagle are taken from the logs of law enforce- ment agencies. Every effort is made to report the court dispo- sition of arrest cases. Grant County Sheriff The Grant County Sher- iff’s Office reported the fol- lowing for the week of Oct. 16: Concealed handgun licenses: 6 Average inmates: 16 Bookings: 10 Releases: 16 Arrests: 3 Citations: 3 Fingerprints: 19 Civil papers: 2 Warrants processed: 6 A s s i s t a n c e / We l f a r e check: 0 Search and Rescue: 0 Oct. 14: Alexzandrea S. Peterson, 23, Mt. Vernon, warned for failure to display plates and cited for speed- ing, 51/35 zone. Oct. 16: Ira Franklin, 43, of John Day was cited for keeping a dog as a nuisance. Justice Court Violation of basic rule: Juvenile, 16, Mt. Vernon, Sept. 26, 92/55 zone, fined $340; John W. Harris, 52, Everett, Washington, Sept. 23, 75/55 zone, fined $140; Shaela D. England, 29, Red- mond, Sept. 16, 73/55 zone, fined $140; William E. Sand- ers, 53, Scio, Sept. 24, 68/55 zone, fined $165; Jason B. Berry, 45, Milton-Freewa- ter, Oct. 4, 75/55 zone, fined $165; Herbert M. Carter, 48, Seneca, Oct. 3, 70/55 zone, fined $140. Violation of speed: John A. Fenton, 52, Pendleton, Sept. 23, 77/65 zone, fined $225; Robert J. Young, 61, Mansfield, Ohio, Sept. 30, 34/25 zone, fined $115; James L. Hiatt, 70, Adel, Sept. 23, 75/65 zone, fined $160; Vicente A. Flores, 28, Salem, Sept. 24, 75/65 zone, fined $165; Shane R. Combs, 39, John Day, Sept. 23, 75/65 zone, fined $140. Driving while suspended: Andrew S. Ballou, 25, Mt. Vernon, Sept. 30, fined $440. Failure to drive within lane: Lisa F. Miller, 57, Mt. Vernon, Sept. 2, fined $225. Operating without required lighting: Timothy G. Lovell, 54, Haines, Sept. 11, fined $165. Failure to show out-of- state plates: Nicholas A. Albers, 24, Portland, Oct. 4, fined $165. Driving uninsured: Andrew S. Ballou, 25, Mt. Vernon, Sept. 30, fined $265. Steven M. Warrington, 30, John Day, pleaded guilty Oct. 9 to two counts of theft. He was sentenced to 20 consecutive days in jail, 50 hours of community ser- vice and 36 months of pro- bation. He was ordered to pay a total of $700 in fines for both counts. Oregon State Police Oct. 14: A Fish and Wild- life sergeant witnessed a near collision at the inter- section of Highway 395N and Highway 26. The ser- geant stopped the offend- ing driver at Clyde Holliday State Park, who exhibited indicators of alcohol impair- ment. The driver performed field sobriety tests and was arrested. He was transported to the Grant County Jail, where he provided a breath sample which resulted in .11% blood alcohol level. He was lodged in jail. Oct. 19: Responded to a crash near milepost 6.5 on Highway 395. A cattle truck pulling an unloaded trailer, traveling south, came around a corner just as a large pine tree fell down from the east side of the highway block- ing both lanes. The truck hit the tree, which became lodged under the front and rear axle, lifting the truck off the ground. The truck came to an uncontrolled rest on the west shoulder of the highway, partially blocking the southbound lane. The driver was uninjured. Ore- gon Department of Trans- portation responded with a snow plow and pushed the remainder of the tree out of the highway. Dispatch John Day dispatch worked 143 calls during the work of Oct. 14-20, including: • John Day Police Department Oct. 14: Dispatched with John Day fire to a noninjury crash on Highway 26. Oct. 14: Received a report of criminal mischief on Southeast Hillcrest road. Oct. 14: Cited Kyle L. Cook, 48, for an unlawful turn. Oct. 15: Responded to a report of harassment and arrested David R. Kern, 69, John Day. Oct. 17: Arrested David Peck, Burns, on a Harney County parole violation. Oct. 17: Received a Budget 8 Motel 711 W. Main St. John Day • 541 575-2155 • 541-575-2156 • Wi-Fi • In-Room Coffee • Guest Laundry L We ow Rat ekly es! • Microwave • Pets Welcome Contact your local State Farm agent. ® statefarm.com/small-business-insurance • Refrigerator 541-575-1113 24 hrs/7 days wk debbie.ausmus@ countryfinancial.com Monday - Thursday 7am- 6pm Friday 8am - 5pm Mendy Sharpe FNP Apppointments available 139101 Ask us about small business insurance. Debbie Ausmus 245 South Canyon Blvd. John Day, OR 97845 OPEN WED. & THUR. 9 am - 5 pm Piano Lessons: Monday, Wednesday, and Friday piano lessons with Jamie Wylie- Lupien. Beginning and advanced levels available, pricing and timing varies. Flute Lessons: Mondays, starting October 28, 6:30 - 7:00 PM. Group flute lessons with Leanna Perkins. Intro to Music: Tuesdays, starting October 29, 6:30 - 7:00 PM. Group introduction to music lessons with Leanna Perkins. Friday Art Club: Fridays, 8:00 AM - 5:15 PM. A Friday-only arts program open to children ages 5-12. Your child will have exposure to music, arts, crafts, and more! Oil Painting Jump Start: Thursday, October 24, 6:30 - 8:00 PM. Learn the best supplies to purchase and how to set up a studio. Knit a Hat with Magic Loop: Saturdays, starting November 9, 10:30 AM - 12:00 PM. Learn to knit while creating something beautiful and warm. Beginning Traditional Rug Hooking: Saturday, November 16, 10:00 AM - 3:00 PM. Learn the basics of traditional rug hooking (P.S. It’s different than latch hooking). Arts After School: Ongoing, Mon-Thus 3:30 - 5:45 PM, and Fri 8:00 AM - 5:45 PM. Follows school calendar. Your child will have exposure to music, arts, Sponsored By: crafts, and more! Youth Arts Program: Ongoing, Monday 6:00 PM rehearsals through December. For more info or to register visit paintedskycenter. com or email paintedskycenter@gmail.com.
