Friday, June 28, 2019 | Seaside Signal | SeasideSignal.com • A7
Lawsuit: Judge rejects city’s motion to dismiss, lawsuit allowed to proceed
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R.J. Marx
Warning sign at the entrance to the beach at 12th Avenue and
the Prom in Seaside.
In July 2016, the teenagers were
visiting the North Coast for a family
reunion.
Conner Moore and his cousin were
in the ocean at the foot of Broad-
way when lifeguards saw the teenag-
ers struggling. After a rescue attempt,
Connor Moore was pronounced dead
at Providence Seaside Hospital. His
cousin survived.
The lawsuit, fi led in July 2018,
alleges the teens were swimming in
waters next to an area that is “particu-
larly dangerous and this extremely haz-
ardous condition was not obvious to an
ordinary person.”
The suit said the teen was recovered
in an area known to have a “precipitous
drop-off.”
According to Moore, who is repre-
senting herself, Seaside did not post
appropriate warning signs and life-
guards did not alert the family to the
potential danger.
The lawsuit seeks $3 million in
damages for the teen’s death. The fam-
ily is also asking for a $691,200 pen-
alty against the city for releasing the
teen’s name, age and medical informa-
tion to the news media. The suit claims
the disclosure was a violation of fed-
eral and state medical privacy laws.
The city asked the court to dismiss
the lawsuit, arguing that Conner Moore
should have exercised care in avoiding
harm from an “activity that creates a
hazardous condition.”
The city argues it is also protected by
recreational immunity, which applies if
the principal purpose for entry upon the
land is for recreation.
Because the incident happened in
the ocean or shore, the city is not the
proper party to bring a claim of negli-
gence, Richard Freud, an attorney with
Citycounty Insurance Services, wrote
in his motion for dismissal.
As the city’s statements after the
incident were done in an offi cial capac-
ity, the city is entitled to “absolute priv-
ilege from this (defamation) claim and
cannot be held liable for the comments
at issue,” he wrote.
McIntosh rejected the city’s motion
to dismiss in May.
Moore “has pled suffi cient facts”
for her claims to proceed, McIntosh
found. In a June response, the city
again denied the allegations and asked
the court to dismiss all claims. Moore
did not reply to requests for comment.
Fireworks: Strategy for July Fourth fi reworks safety
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They have people based
at the Prom, north and south,
and east and west of the
highway. “When something
happens, everybody doesn’t
have to rush from the same
place.”
Seaside Police rely on
education and enforcement
she said. “They tell them
they’re illegal and why
they’re illegal, then they
either hand them over or
we can confi scate them and
hand over a $500 ticket.”
Most people hand over
the illegal fi reworks, she
said, without receiving a
fi ne.
Montero and offi cials
came up with three sugges-
tions for this Fourth of July,
starting with public service
announcements:
“catchy
friendly, quick and frequent.”
Messages would be reviewed
by the police and fi re chief.
She also asked for the
city to announce “heavy
enforcement” for the holi-
day. “It doesn’t mean zero
tolerance, but it also doesn’t
mean we’re not going to be
doing the job,” she said.
The heavy enforcement
would be directed by police,
under the endorsement and
direction of City Council.
Reader board messages
along Highway 26 could
reinforce those messages,
she said.
KEEP IT LEGAL,
KEEP IT SAFE!
“Keep it Legal and Keep it Safe”
when using fi reworks, reminds
the Offi ce of State Fire Marshal
reminds area residents.
The Oregon fi reworks retail sales
season opened June 23 and runs
through July 6.
Despite their regulated sale and use, fi reworks in Oregon represent a public safety and health
threat every year. For the last reported fi ve years through 2018, there were 1,264 reported fi re-
works-related fi res in Oregon, resulting in more than $3.5 million in property damage. During
that same period, fi res resulting from fi reworks resulted one death and 26 injuries.
The Oregon State Fire Marshal will also reach out to its fi re service and other partners to share
the information on their social media sites. OSFM’s fi reworks materials can be found on its
website.
• Be prepared before lighting fi reworks: keep water available by using a garden hose or buck-
et.
• Be responsible after lighting fi reworks: never relight a dud. Wait 15 to 20 minutes then soak it
in a bucket of water before disposal.
Dolls: Barber’s spirit
dolls tell a layered story
• Be aware: use only legal fi reworks and use them only in legal places.
Continued from Page A1
• Be safe when lighting fi reworks: keep children and pets away from fi reworks.
Offi cials may seize illegal fi reworks and charge off enders with a class B misdemeanor, which
could result in a fi ne of up to $2,500 per violation and a civil penalty of up to $500. Those who
misuse fi reworks or allow fi reworks to cause damage are liable and may be required to pay
fi re suppression costs or other damage. Parents are also liable for fi reworks damage caused by
their children.
Cost for two mobile mes-
sage boards is about $1,000
for the Fourth of July event,
McDowell said, and they
could be installed the day
before and taken down after
the holiday.
In 2018, in Gearhart, two
young people were hospital-
ized after illegal fi reworks
exploded.
In Seaside, a visitor
threw lit mortar fi reworks
into random fi re pits before
police were notifi ed and
the man was arrested and
charged.
At the June 10 meeting,
Mayor Jay Barber offered a
motion in support for pub-
lic works staff, police staff,
lifeguard and fi re depart-
ment staff, in advance of
the holiday. The motion
was unanimously endorsed
by members of the council.
They also authorized the
public service announce-
ments and mobile reader
boards for the holiday.
“This is important work,”
Barber said. “Thank you,
Tita, for your good work.”
Community Calendar
Saturday, June 29
Seaside Duplicate Bridge
9:30 a.m. to 1 p.m., Mary Blake
Playhouse, across from 1225
Avenue A, Seaside. Come with
a partner or call ahead for one;
503-791-9745.
Qi Gong
the courts located behind the
Seaside Youth Center, 1140
Broadway.
Taco Tuesday
5-7:30 p.m., Seaside American
Legion #99, 1315 Broadway,
Seaside; 503-738-5111.
10 a.m., a mind-body-spirit
practice that improves one’s
mental and physical health;
Bob Chisholm Community
Center, 1225 Avenue A; sunse-
tempire.com.
Wednesday, July 3
Heart to Start
Seaside Farmers Market
10-11 a.m., walk or run a 5K,
family-friendly; Seaside High
School track, presented by Sea-
side Providence; hearttostart.
org.
Ten Ways to Better Enjoy
The Beach
4:30 p.m., talk by Andre’ GW
Hagestedt, to celebrate the
opening of the Angi D. Wildt
Gallery on Broadway Ave.; 737
Broadway #2. Oregon. 541-
961-1229.
Miss Oregon Pageant
Finals
7 p.m., Seaside Civic and Con-
vention Center, 415 First Ave.,
Seaside; http://www.missore-
gon.org.
Sunday, June 30
And Then There Were
None
7:30 p.m. Coaster Theatre Play-
house, 108 N. Hemlock; coast-
ertheatre.com.
Monday, July 1
Dance Fitness
Good Morning Seaside
8 a.m., Weekly coff ee and net-
working; Seaside Chamber of
Commerce; contact for details,
www.seasidechamber.com.
2-6 p.m., products grown,
raised, produced or collected in
Oregon or Washington; Broad-
way Middle School parking lot,
U.S. Highway 101, Seaside.
Nunsense
7:30 p.m. Coaster Theatre Play-
house, 108 N. Hemlock, Can-
non Beach; coastertheatre.com
Thursday, July 4
Cannon Beach
Independence Day
Celebration
Festivities include a charming
small town parade and the
Great Puffi n Watch.
Parade
11 a.m., annual Fourth of July
Parade, presented by Seaside
Chamber of Commerce.
Fourth of July Old
Fashioned Social
10 a.m.-5 p.m., Cannon Beach
Library; 131 N. Hemlock; 503-
436-1391.
Gearhart Street Dance
7:30-10:30 p.m., the event fea-
tures D.J., dancing games and
kids’ activities; Pacifi c Way and
Cottage, Gearhart.
And Then There Were
None
7:30 p.m. Coaster Theatre Play-
house, 108 N. Hemlock; coast-
ertheatre.com.
Karaoke
Saturday, July 6
Dance Fitness
10 a.m., free drop-in game on
Book Sale
Celebrate Freedom
Fireworks Show
Texas Hold ‘em
Pickleball
side Coff ee House, 5 North Hol-
laday, Seaside.
8 p.m., Seaside American Le-
gion #99, 1315 Broadway, Sea-
side; 503-738-5111.
10 p.m., Seaside Beach, annual
fi reworks show.
Tuesday, July 2
“Shades of Blue,” by Sharon Abbott-Furze at the Fairweather
Gallery in Seaside.
11 a.m.-3 p.m., Seaside Muse-
um, 570 Necanicum Dr.
6:30-7:30 a.m., Bob Chisholm
Community Center, 1225 Av-
enue A, Seaside; www.sunse-
tempire.com/fi tness.
6:30 p.m., Poker, Seaside Amer-
ican Legion #99, 1315 Broad-
way, Seaside; 503-738-5111.
Eve Marx
“The doll helps you relate to your inner wise woman,” Jan
Barber says.
Friday, July 5
6:30-7:30 a.m., Bob Chisholm
Community Center, 1225 Av-
enue A, Seaside; www.sunse-
tempire.com/fi tness.
Coff ee and CASA
10 a.m., learn to be a court-ap-
pointed special advocate, Sea-
Seaside Duplicate Bridge
9:30 a.m. to 1 p.m., Mary Blake
Playhouse, across from 1225
Avenue A, Seaside. Come with
a partner or call ahead for one;
503-791-9745.
Book Sale
10 a.m.-5 p.m., Cannon Beach
Library; 131 N. Hemlock; 503-
436-1391.
Heart to Start
10-11 a.m., walk or run a 5K,
family-friendly; Seaside High
School track, presented by Sea-
side Providence; hearttostart.
org.
Dinosaurs
1 p.m., “Dinosaurs: Field Notes
from a Paleontologist,” with Dr.
David Taylor; Seaside Public
Library, 1131 Broadway; 503-
738-6742.
“Inspiration”
2-5 p.m.,
artist’s
recep-
tion, featuring Chris Bryant,
painter, photographer and
mixed-media specialist; Trail’s
End Gallery, 656 Avenue A,
Gearhart.
Nunsense
7:30 p.m. Coaster Theatre Play-
house, 108 N. Hemlock; coast-
ertheatre.com
Sunday, July 7
“The doll helps you
relate to your inner wise
woman,” Barber said.
So far there are 18.
They start as a few sticks
bundled together to artic-
ulate an expression. Next
comes moss for the head,
and then the whole thing is
wrapped in wool.
“After that they get a
heart and then a face,” Bar-
ber said. Up to now, she’s
been using faces she buys,
but is thinking of casting
her own.
As for each doll’s
expression, Barber smiled.
“Interpreting her expres-
sion is up to the viewer.”
Although in the past
she’s had an Etsy store, and
a friend sells the ornately
embellished books she
makes at an upscale fl ea
market, until now Barber
hasn’t exhibited her work
in a gallery. She said one
day she approached Cathy
and Ray Tippin at Sun Rose
Gallery in Seaside because
she loves what they do, and
because she said, “They’re
just so nice.”
To no one’s surprise,
the spirit dolls began sell-
ing right away. Barber also
has begun accepting cus-
tom orders. They are a one
of a kind keepsake.
Each doll is unique and
tells its own story.
A recent creation, “She
Has Fire in Her Soul &
Grace in Her Heart,”
includes a ribbon sewn
on to the doll that says,
DINING
on the
NORTH COAST
Great Restaurants in:
GEARHART • SEASIDE
CANNON BEACH
WANNA KNOW WHERE THE LOCALS GO?
Book Sale
10 a.m.-5 p.m., Cannon Beach
Library; 131 N. Hemlock; 503-
436-1391.
• Breakfast
• Lunch
• Dinner
Seeing the Unseen
10 a.m.-noon, Neal Maine
leads nature hike, presented
by North Coast Land Conser-
vancy, Circle Creek Conserva-
tion Center, Seaside; nclctrust.
org.
“Appearance doesn’t mat-
ter with a beautiful heart.”
This doll has tattoos and
a nose ring and is wear-
ing leather, metal, and
dreadlocks.
“These are all outward
things people use to judge
a person,” Barber said. She
told a story about wearing
a blue wig and a fake nose
ring out to dinner one night
and experiencing the neg-
ative reaction of a fellow
diner.
“It was pretty intense,”
she said.
“In the words of one of
her local clients, Jan seems
to be able to capture the
essence of some element
of a woman’s experience
and bring it into the mate-
rial plane,” said Cathy Tip-
pin. “The client recently
purchased a cocoon/butter-
fl y doll for a friend starting
a new phase of her life.
The client also commis-
sioned Jan to create a Harry
Potter doll for her daugh-
ter in the themes of being
true to oneself and choos-
ing good,” Tippin said.
“Another client purchased
two dolls as heirlooms to
pass down to future gener-
ations. No matter the theme
of her spirit dolls, Jan’s
hope is they bring inspira-
tion, encouragement, and
comfort. Ray and I witness
that every day.”
Jan Barber’s spirit dolls
are for sale at Sun Rose
Gallery located 606 Broad-
way in Seaside. Stop by
and see which doll reso-
nates with you.
BEST
BREAKFAST
IN TOWN!
• Lighter
appetite
menu
• Junior
Something for Everyone menu
Fish ‘n Chips • Burgers • Seafood & Steak
Friday & Saturday - Prime Rib
Lounge Open Daily 9-Midnight
All Oregon Lottery products available
1104 S Holladay • 503-738-9701 • Open Daily at 8am