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
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Piano Lessons: Monday, Wednesday, and Friday piano lessons with Jamie Wylie-
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Flute Lessons: Mondays, starting October 28, 6:30 - 7:00 PM. Group flute lessons
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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
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Oil Painting Jump Start: Thursday, October 24, 6:30 - 8:00 PM. Learn the best
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Knit a Hat with Magic Loop: Saturdays, starting November 9, 10:30 AM - 12:00
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Beginning Traditional Rug Hooking: Saturday, November 16, 10:00 AM - 3:00
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Youth Arts Program: Ongoing, Monday 6:00
PM rehearsals through December.
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