VOL. 46, ISSUE 3
FREE
CANNONBEACHGAZETTE.COM
February 4, 2022
Defendants file motion to dismiss contested election lawsuit Kathleen Stinson For The Gazette
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motion to dismiss has been filed in the petition that contests the election results in the Cannon Beach prepared food tax vote. Megan Miller and Josh Tuckman filed the petition alleging the 5 percent prepared food tax, which voters in Cannon Beach approved by a narrow margin, is invalid. They are asking the court to order a new election. The defendants in the case filed the motion to dismiss on January 14, as stated in the motion. The defendants are Tracie Krevanko, in her official capacity as county clerk for Clatsop County, and the
Clatsop County Elections Division. The motion asks the court to dismiss the petition for lack of personal and subject matter jurisdiction, as stated in the motion. The Defendants argue the personal service was not made in a timely manner as required by state statute within two business days after the filing of the petition and that the service was not made in the correct fashion. Additionally, the motion argues that a notice of the petition should be dismissed because the filing was not published in a newspaper within three business days of the filing of the petition, as stated in the motion. As stated in the motion, “ORS 258.055(1) requires a plaintiff, ‘within three business days of filing the
Tracie Krevanko
petition,’ to ‘publish a notice stating that the petition has been filed and identifying the date of the deadline . . . for filing a motion to intervene.’ Additionally, ‘[t] he notice must be published at least once in the next available issue of a newspaper of general circulation published in the county
where the proceeding is pending.” As of Wednesday morning, no date has been set for the Court to hear the arguments in the motion, according to a spokesperson for the circuit court. In fact, the defendant did not ask for oral arguments so the judge will make a decision after the time for the petitioners to respond has lapsed. The Gazette contacted Miller on Friday asking if she or Josh Tuckman wanted to comment in this story on the motion that was filed. Neither party responded to the request to date. Miller and co-plaintiff, Josh Tuckman, own Castaways Restaurant in Cannon Beach. As was previously
reported in The Gazette, the plaintiffs allege the election is invalid, as stated in the complaint, for the following reasons: “(1) deliberate and material violations of election law in connection with the approval of Measure 4-210; (2) mistake or fraud in the canvass of votes; (3) fraud in the count of votes,” As stated in the complaint: “The following are presently known concerns relating to the election results of Measure 4-210: (1) not all votes were properly counted, including as many as twenty-five (25) uncounted votes; (2) ballots from a ballot box in Seaside were improperly rejected; (3) a ballot box was improperly and prematurely opened; and (4) and in other ways to be revealed.”
Permanent mask mandate hit by public outcry Zoe Gottlieb
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Country Media
he decision to make Oregon’s indoor mask mandate indefinite is still pending. The current mask rule is in effect until Tuesday Feb. 8. Oregon’s hearing on a proposed permanent mask rule drew a crowd of more than 300 people, opening the floodgates to a wide range of comments and emotions. The Oregon Health Authority (OHA) held the public electronic hearing Jan. 20 on the proposed rule change, inviting public testimony on which a decision has yet to be determined. Emotional testimony One woman struggled to hold back sobs during her testimony, as she described the moment her 8-year-old told her she couldn’t remember what the world was like without masks. Another speaker said he has 40% of a healthy person’s lung capacity and thus has difficulty breathing with a mask on. “Free these childrens’ faces so they can smile again,” a third said, his voice filled with emotion. Others took on radically different tones, threatening to take action if the OHA goes through with imposing the new permanent rule. “If you do this, we will fight to our death,” Nikolas, a defense attorney representing a client who violated Oregon’s current temporary mask mandate, said. “The farther you take this, the farther we will take it. We have nothing to lose.” “We’re coming for you. We’re coming for your jobs,” Free Oregon Leader Angela Todd said. Demonstrators involved with Free Oregon, a grassroots organization dedicated to upholding the mission of “fighting tyranny” in Oregon, took to the streets, holding a “BBQ Mask Party” outside the OHA office at NE 800 Oregon Street in Portland. “Bring a mask and something to burn,” the event description read on the Free Oregon website. Demonstrators chanted, held signs, and set a barrel containing surgical masks ablaze in synchronicity with the OHA’s electronic hearing, which kicked off at 10 a.m. and lasted for several hours. Rules of the hearing Administrative Rules Coordinator Brittany Hall led the OHA’s Administrative Rules hearing, discussing the adoption of a permanent rule requiring masks to be worn in indoor spaces in Oregon. Hall opened the meeting with the following clarifying statement. “The temporary rule cannot be
extended past six months, thus Oregon’s temporary rule expires on Feb. 8,” she said. “That does not mean the rule is permanent. The Oregon Health Authority can rescind, repeal, or cancel a rule when it decides it is no longer necessary.” After opening remarks, Hall invited testifying members of the public to speak. Opponents of the proposed permanent rule presented concerns ranging from realized sociological harms to the sole authority such a rule will give the agency, creating obstacles for the public to seek legal recourse. Aden Nepom, the meeting’s first speaker, expressed concern that the OHA’s proposal would bypass public input, concluding with a state- A Free Oregon demonstrator holds up a sign to voice her opposition to the ment affirming proposed permanent mask rule during the Jan. 20 protest at the Oregon Health Authority office in Portland. the importance Courtesy Photos from Daniel O’Brien – Valve Media of local decision-making. “Allow small businesses Oregon, in terms of high case Chronicle prior to the Jan. 20 hear(and) school districts to make rates, hospitalizations, and deaths. ing. “But there still are people out the masking decisions that make Runkle underscored the there who are susceptible to severe the most sense in their specific inequitable outcomes of such a illness and even death, even with communities and circumstances rule change, arguing that school vaccinations. That’s why, until we so that we can stop trying to stop children and frontline workers, see COVID-19 cases and hosCOVID, which is a fool’s errand, required to mask up for 8 hours pitalizations go down again, we and begin trying to figure out how a day, will inordinately pay the need to continue wearing masks to move forward,” she said. price. indoors, in workplaces and other Matt Runkle, another guest Others present at the meeting, in settings, even when workers are speaker, put forth numerous their condemnation of the OHA’s vaccinated and boosted.” arguments calling the logic of proposal, expressed their willingThe first proposal for the adoppermanent masking into question, ness to fight against the rule. tion of a permanent mask rule in including a lack of sufficient “I think it’s pretty clear that the Oregon was issued back in April evidence for mask efficacy, dispublic does not trust you anyby Michael Wood, an employee of proportionate impacts on essenmore,” Portland resident Elizabeth the Oregon branch of the Occupatial workers, and the potential of Moore said. tional Safety and Health Adminislasting effects on a generation. tration (OSHA). “Their (children’s) anger will be A Change.org petition to stop Public health perspective very justified,” he said. While Hall announced the OHA the proposal was launched shortly Runkle also pointed out that thereafter, receiving 71,000 signawould not be making comments 42 out of 50 states have repealed tures. during or after the hearing, some mask mandates, despite news of Modie said the OHA will take public health experts have already the Omicron variant, and highpublic comments into considerstated why they deem the rule lighted there are “no discernable ation and make its decision on change necessary. differences” between states such the proposed rule change late this “Safe and effective vaccines as Florida, which banned mask month or in early February. that have been available for more mandates in public schools, and than a year,” Modie told The
Owners and Voters of Cannon Beach group hosts first town hall Kathleen Stinson
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For The Gazette
group of people calling themselves “Owners and Voters of Cannon Beach” held its first town hall Zoom meeting last Thursday. About 35 people called in to discuss the issues they plan to tackle in Cannon Beach. The group is 240 strong at this point. “Our plan for this meeting was to establish goals for Cannon Beach that our group will use in all of its advocacy,” said Tim Ramey, one of the leaders of the group in his meeting summary. Ramey generally lists the group’s goals in his summary as follows: • We shouldn’t make policy decisions regarding zoning and housing that discourages families from living in Cannon Beach • There should be reasonable limits on home size – we agree with at least the direction of the Planning Commission that limits on housing will be likely and, in the city’s best interest • Any zoning solution must address the urgent need for affordable and workforce housing • We should strive to preserve the village character of our beloved town • Cannon Beach should be a welcoming community. We must resist “us vs. them” solutions – we are all the ‘new people’ if we came here after Lewis & Clark. Recently, the city of Cannon Beach started to discuss changing its zoning ordinance to restrict or set a cap on the square footage of new home construction. That issue has generated a lot of debate. One of the Zoom group participants, C.J.Hughes said at the meeting that for him “this is about the values” of the place in which he lives. Hughes said a house needs enough space for a room for each teenage child, a master suite for aging parents and a master suite for the parents, which would add up to 2,600 square feet. With a garage the square footage would be about 3,000 square feet. Space to accommodate visitors is another consideration. He said this is about making the community “family friendly” and being “welcoming to families.” Participant Linda Rozman said she “is deeply concerned about” preserving the village character of Cannon Beach. Four hotels have been sold to a New York investment group. She said she does not want Cannon Beach “to be owned by the outside world.” Another participant, Laura Yellig, said a lot of different people come to Cannon Beach to use it in a lot of different ways. Yellig said she never felt like an outsider when she first visited Cannon Beach. She always felt welcomed. “It takes all, takes the tourism, people who live full term here,” as well as people who need affordable housing, so they can contribute to the community, she said. “What is the problem we’re trying to solve? I can’t say I have an opinion about square footage one way or another.” She is concerned about preserving that “welcome-ness” aspect in Cannon Beach. Another participant, Gary Hayes, said another priority he would like to see the group address is the need for affordable housing. He said the city of Cannon Beach has looked at this issue for “at least 10 years that I am aware of” and come to the conclusion about recommendations for solving the problem. The recommendations are to increase the density in residential areas, create more multi-family housing and incentives to encourage Accessory Dwelling Units or ADUs. The ADUs could not be used as short term rentals, but rather as long term rentals. Ramey said they want more people to engage in this conversation so that the group can claim it has a “consensus” on an issue.