Image provided by: University of Oregon Libraries; Eugene, OR
About The Blue Mountain eagle. (John Day, Or.) 1972-current | View Entire Issue (Jan. 15, 2020)
A6 STATE Blue Mountain Eagle Wednesday, January 15, 2020 Finding that ‘words have consequences,’ judge throws out Sen. Brian Boquist’s lawsuit The lawsuit related to the walkout of GOP Senators last session alleged that Senate President Peter Courtney and others violated Boquist’s rights A federal judge com- pared state Sen. Brian Boquist to the actor Clint Eastwood and a playground bully Jan. 7 in dismiss- ing the Dallas Republican’s claims that Senate Presi- dent Peter Courtney and oth- ers attempted to silence him and otherwise abused their power. Boquist, representing himself, sued in July after last year’s contentious leg- islative session. He acted after the bipartisan Senate Special Committee on Con- duct unanimously decided that the senator would have to give 12-hour notice to Oregon State Police before entering the Capitol build- ing over comments he made that were perceived to be threatening. During the legislative session, Boquist was one of 11 Republican state senators who walked out of the Sen- ate to deny majority Dem- ocrats a quorum needed to pass a controversial carbon bill. Gov. Kate Brown said she would use her constitu- tional authority to send state police to bring the Republi- cans back. In response, Boquist addressed Courtney during a Senate session: “If you send the state police to get me, hell’s coming to visit you personally.” Oregon Capital Bureau file photo A federal judge has dismissed a lawsuit brought by state Sen. Brian Boquist, R-Dallas, that accused Senate President Peter Courtney and others of abuse of power and attempting to silence him. Later that day, he told a KGW reporter that if police come to get him they’d bet- ter “send bachelors and come heavily armed. I’m not going to be a political pris- oner in the state of Oregon. It’s just that simple.” Boquist’s comments drew national attention, and a pri- vate attorney hired by legis- lative leaders recommended he not be allowed back in the Capitol because he was perceived by employees as a threat. Boquist claimed in his federal complaint that his First Amendment rights were violated and that his 1809 First Street • Baker City • (541)523-5439 BARGAIN MATINEE IN ( ) Adults $7 ALL FILMS $6 ON TIGHTWAD TUESDAY MOVIE SCHEDULE JAN. 17-23 1917 (R) Two young British soldiers during the First World War are given an impossible mission. FRIDAY (4:00) 7:00 SAT - MON (1:00) (4:00) 7:00 TUES-THURS 7:00 DOLITTLE (PG) Starring Robert Downey, Jr. A physician discovers that he can talk to animals. FRIDAY (4:10) 7:10 SAT - MON (1:10) (4:10) 7:10 TUES-THURS 7:10 JUST MERCY (PG-13) World-renowned civil rights defense attorney Bryan Stevenson works to free a wrongly condemned death row prisoner. FRIDAY (3:45) 6:45 SAT - MON (12:45) (3:45) 6:45 TUES-THURS 6:45 S165259-1 By Jake Thomas Oregon Capital Bureau $9 Adult, $7 Senior (60+), Youth remarks regarding “hell” were religious. However, U.S. Dis- trict Court Judge Michael McShane found otherwise. “These statements, apart and together, resonate more as threats than the expres- sion of theological ideas,” McShane wrote in his Jan. 7 order. In withering terms, McShane wrote that Boquist’s words were “those of a bully on the playground” and that the senator had been disciplined for perceived threats, not political viewpoints. The judge said Boquist “seems to overlook the fact that he sounds more like a charac- ter out of a Clint Eastwood movie than he does Mother Teresa.” McShane added, “Words, it turns out, sometimes have consequences.” Besides Courtney, Boquist sued state Sens. James Manning and Floyd Prozanski, Democratic members of the Senate con- duct committee, legislative staffers and the private attor- ney hired to investigate his conduct. Boquist claimed in his complaint that the defen- dants conspired to block his access to the Capitol and denied his access to “ongo- ing secret political investi- gations.” He also likened the call to arrest fleeing Repub- lican legislators to fascist Germany and the Soviet Union. His lawsuit asked the judge to acknowledge that his rights had been violated and for unfettered access to the Capitol, recognition of senators’ rights to free speech and due process. He also asked for court fees and costs. McShane dismissed the claims against legisla- tive employees and the out- side attorney, writing that they were “only tangentially involved.” The judge found that Boquist failed to make the case that a secret investiga- tion violated his rights. The judge also disagreed that Boquist had been denied due process noting that the senator hadn’t been arrested and the fine was returned. Finally, McShane wrote that Boquist cited a federal law concerning Native Ameri- can tribes for his claims of abuse of office, which didn’t apply. McShane dismissed the case “with prejudice,” meaning it can’t be refiled. Courtney’s office declined to comment. Boquist has a separate case pending in Marion County Circuit Court over a dispute over state records he said he has been denied. Boquist said that he was reviewing the judge’s order and was considering sub- mitting his claims as a tort against the state. “We will wait and see,” he said. Grant County Snowballers - Event FAMILY FUN DAY AND SKILLS TRAINING DAY Jan. 25, 2020 • 9 A.M. S165194-1 ALL ILERS B O M SNOW COME L E W ARE HOT D O WILL B GS PROVI E DED Meeting at Summit Prairie County Road 62 and USFS Road 16 S165199-1 S165624-1
