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About Hermiston herald. (Hermiston, Or.) 1994-current | View Entire Issue (Oct. 14, 2020)
ELECTIONS A8 • HERMISTONHERALD.COM Second Amendment ordinance on ballot may have shaky legal standing By ALEX CASTLE STAFF WRITER Local voters have one county- wide ballot measure to decide on this November — Measure 30-145, also known as the Sec- ond Amendment Sanctuary Ordinance. But whatever fate the measure meets on Nov. 3, it’s unclear how the ordinance will prevent reg- ulation of fi rearms for Umatilla County residents. Umatilla County District Attorney Dan Primus has read the measure and said his offi ce’s role will continue as usual regardless of the outcome. “My understanding is we’ll continue to follow the laws of the state of Oregon,” he said. “When we take the position we do at the prosecutor’s offi ce in Umatilla County, just as any other prosecu- tor in the state, we take an oath to uphold the law of the state of Ore- gon. So, we’re going to continue to do that.” Umatilla County Sheriff Terry Rowan, who is unopposed for another four-year term in Novem- ber, said he read the measure “months ago” but wasn’t familiar enough with it to offer an opinion. “It all comes down to how the document is worded, and will it withstand litigation,” he said. “That’s certainly always the challenge.” Measures bearing similar lan- guage as Measure 140-35 and its intent are before voters in Clat- sop, Columbia and Coos counties, while others were rejected from the ballot in other counties, such as Curry and Harney. “This ordinance would prevent Umatilla County and its employ- ees from devoting resources or participating in any way in the enforcement of any law or regu- lation that affected an individual’s right to bear arms, fi rearm acces- sories, or ammunition,” accord- ing to the Umatilla County vot- ers’ pamphlet. “County offi cials could still comply with fi rearms laws that relate to convicted fel- ons, could still participate in the enforcement of fi rearm crimes, and could still take any actions WEDNESDAY, OCTOBER 14, 2020 Two compete for seat on Morrow County Board of Commissioners “We have great employees, and need to let them work,” he said. Morrow County voters will Doherty said he is running have a choice between incum- for another term on the board of bent Jim Doherty and challenger commissioners because he has Joel Peterson for Position 1 on greatly enjoyed his time on the the Morrow County Board of board and wants to continue the work he has started. Commissioners on Nov. 3. “I probably have more passion Doherty, a Boardman cat- tle rancher who has held the for the job now than I did when I got started,” he said. “I seat since 2016, came just love the work.” in fi rst in the primaries Despite being a fi rst- with 41.56% of the vote. term commissioner, Peterson, an Ione wheat Doherty was elected as farmer, came in second president of the Associa- with 38.25% of the vote tion of Oregon Counties, in the spring. Peterson and said he has been able Peterson has served to be a voice for Morrow on a long list of boards County in the state and and committees, includ- work with state and fed- ing the Morrow County eral lawmakers. Planning Commission, He was born and raised Bank of Eastern Oregon in the very southernmost board, Ione School Board part of Morrow County and the budget commit- Doherty and now lives in Board- tee for the Port of Mor- man, but said he doesn’t row. He was born in Hep- pner and attended Ione schools, like to ever use the terms “north and raised his children there. He county” and “south county.” “If you continue to talk in the said one of his biggest focuses if elected would be to help bring language of north county and the north and south ends of the south county, it just drives divi- county together and fi nd projects siveness,” he said. That being said, he recog- that would benefi t both sides, nized that different communities despite their unique differences. “I think my experience will in Morrow County face different challenges, and he wants to see help us work together,” he said. While Boardman and Irrigon communities, such as Lexington have experienced rapid growth, — which he described as in dan- communities to the south have ger of being unincorporated and seen a stagnation. But Peterson “absorbed” into the county — said there are opportunities to get the extra attention they need help bring more growth to com- to improve. He said he is particularly munities like Heppner, such as creating a rural residential zone interested in beefi ng up transit there. He said he also wants options in that area. Peterson and Doherty par- to see a focus on better broad- band internet access throughout ticipated in a candidate forum the county, which could allow hosted by the Boardman Cham- people to live in small Morrow ber of Commerce on Oct. 2, County cities while working where they answered questions from home for larger companies. from the moderator and from Peterson also said he wanted participants on subjects, such as to take a hard look at “what the the most pressing infrastructure commissioners should be doing needs in the county who their top and whether they’re overreach- campaign contributors are. Video of the hour-long forum ing” by being over-involved in day-to-day operations rather than can be found online at www.face- book.com/ChamberBoardman. focusing on policy setting. By JADE MCDOWELL NEWS EDITOR Ben Lonergan/Hermiston Herald, File Firearms line the wall of Smitty’s Ace Outpost in Hermiston on Feb. 5, 2020. The store is one of several locations in Umatilla County where voters can sign a petition to declare Umatilla County a Second Amendment Sanctuary. necessary to comply with court orders.” Individuals who violate the ordinance would be subject to a $2,000 fi ne, the measure states, and “corporations” would be sub- ject to a $4,000 fi ne. The measure includes exceptions for regulation of fi rearms for those convicted of felony crimes or the prosecution of crimes involving fi rearms, and allows for an individual’s “vol- untary” participation in fi rearm regulation. If it were to pass, the Second Amendment Sanctuary Ordinance may subvert Oregon law and could face legal challenges. A revised state statute, ORS 166.170, explicitly gives the Ore- gon Legislature sole authority to regulate fi rearms in the state and voids any “county, city or other municipal” ordinance that con- fl icts with that authority without the support of a state statute. Sheriffs in other counties where similar ordinances are up to the voters have weighed in, however, and expressed concern with the liabilities it may open their offi ces up to. Rowan said he’s a supporter of the Second Amendment but didn’t know how the ordinance would impact his offi ce’s law enforcement, if at all, except for the understanding that regula- tions regarding felons possess- ing fi rearms and policing crimes involving them would still be enforceable. “We’ll just have to see how it all plays out,” Rowan said. Umatilla County Counsel Doug Olsen didn’t return multi- ple requests for comment on the ordinance. Regardless of what voters decide on Measure 30-145, Uma- tilla County already approved an ordinance to protect the right to bear arms in 2018 with 65% of the vote. The Second Amendment Pres- ervation Ordinance, which would not be altered or removed by the passage of the sanctuary ordi- nance, currently restricts the county from using resources to enforce state or federal laws that infringe on the constitutional right to keep and bear arms, while simultaneously granting the sher- iff the authority to rule on the con- stitutionality of those laws. In 2008, the U.S. Supreme Court ruled in District of Colum- bia v. Heller that the Second Amendment right to bear arms was not unlimited and could be regulated. Good Shepherd Health Care System is pleased to welcome Dr. Ken Snider, OB/GYN, to Good Shepherd Women’s Center. Dr. Snider brings over ten years of OB/GYN experience to our community and is fluent in Spanish. “ My philosophy of patient care is generally to focus on illness prevention through good nutrition, regular exercise and preventative care. -Dr. Snider OBSTETRICS AND GYNECOLOGY Please Welcome Ken Snider, MD OB/GYN ” Welcoming New Patients GOOD SHEPHERD WOMEN’S CENTER OBSTETRICS AND GYNECOLOGY 541.667.3801 620 NW 11th Street, Suite 103 Hermiston, OR 97838
