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News Briefs: Wedded BlissTo Print or Not To PrintCarrigan Drops Out | Spraying May Have Unintebded ImpactItalian Peace Flags Grow In PopularityStudents Compete in Academic PursuitsCorrections/Clarifications  | 

Slant: Short opinion pieces and rumor-chasing notes.

News: Mixed Loyalties
The convoluted case of the amicus brief.

Happening People: Sandy Aldridge & Dale Lugenbehl



WEDDED BLISS

On March 6, after 24 years of togetherness, Eugeneans Dr. Sarah S. Hendrickson and attorney Gretchen Miller made history as they tied the knot, along with 13-year couple Tim Smith and Kent Kullby, at the Eugene Hilton. Approximately 150 guests witnessed the legal matrimony, as Unitarian Universalist Church of Eugene minister Carolyn Colbert officiated.

GRETCHEN MILLER AND SARAH HENDRICKSON

The couples received their wedding licenses from Multonomah County officials, who declared same-sex marriages legal on March 3, then decided to marry quickly.

In a way, says Miller, "having only 48 hours to plan a wedding made things so much easier." Instead of running from bakery to bakery doing cake tastings, she says, it was more like, "Go down to Sweet Life and see what they can have by tomorrow."

Instead of presents, Hendrickson and Miller asked guests to make donations to the ACLU and Basic Rights Oregon, "who are going to defend us if the marriage is challenged," says Miller, adding, "We anticipate there will be any number of challenges."

Indeed, the Defense of Marriage Coalition, hastily formed to block same-sex marriages, requested a restraining order last week to prevent more licenses from being given out in Multnomah County and to invalidate the ones already given. But on Monday, March 8, Multnomah County Presiding Judge Dale Koch denied the request.

"Judge Koch's decision confirmed what we have always known — same sex marriages do not harm anyone," says Basic Rights Oregon Executive Director Roey Thorpe. "In fact, we believe that same-sex marriage strengthens families and the Oregon community."

As of Monday evening, Multnomah County has issued more than 1,600 marriage licenses to same-sex couples.

But conservative groups are also after Attorney General Hardy Myers to invalidate the licenses. A statement released March 3 by Myers says he is looking into the legality of the licenses and his office said he may have a decision by the end of this week.

Meanwhile, many Eugeneans are hoping Lane County commissioners will follow Multnomah County's lead. But the majority of Lane County commissioners are awaiting Myer's decision before announcing where they stand on the issue. Bobby Green says his position is "unsure because the attorney general of the state of Oregon hasn't issued his opinion." Anna Morrison says, "This is not an issue in front of the board at this time. We have directed our legal staff to investigate legal issues and are awaiting state Attorney General Hardy Myers' interpretation." Bill Dwyer says, "I don't expect there will be a vote. It is not on the agenda. Personally, I will wait until all litigation is completed before I will vote to allow same sex marriages. Until that time I am a 'No'!" Don Hampton did not respond to EW's request for comment, and Pete Sorenson was not available for comment by press time. — Aria Seligmann

 

TO PRINT OR NOT TO PRINT

The decision of Oregon daily newspapers such as The Register-Guard and The Oregonian to print or not to print gay marriage and civil union announcements is one more facet of the current civil rights battle over granting marriage licenses to same-sex couples. Advocates of liberalized marriage laws say printing photos and short stories on newlywed gays and lesbians puts a human face on an issue that those opposed to same-sex marriage would prefer existed solely in the legal arena.

Multnomah County Commission Chairwoman Diane Linn directed the county to begin issuing same-sex marriage licenses March 3, and since then the county has granted more than 1,600 licenses to gay and lesbian couples.

Therese Bottomly of The Oregonian says the paper accepts all marriage announcements. "They are paid advertisements. We don't turn them down." The Register-Guard did not return calls for this article. In "Newspapers take notice of Gay marriage announcements" (2/28/04), R-G reporters Zandra Rolon, Lori Rogers and Tom Honig wrote, "The Register Guard publishes wedding announcements for couples who hold a marriage license recognized as a legal document in Lane County." According to the article, the paper's policy is currently being reviewed.

Nearly 230 American newspapers run same-sex union announcements or say they would if asked by a local resident. The New York Times has been running same-sex union announcements for more than a year. The Santa Cruz Sentinel was featured in the
R-G for printing gay and lesbian marriage ads.

There is nothing legally restricting newspapers from running same-sex marriage or civil union announcements, according to David Fidanque, executive director of ACLU Oregon. Fidanque thinks newspapers should run the ads because "It's the right thing to do." He feels it's important to recognize that "families are taking many different forms today. We should celebrate those couples that are deeply committed. In the end this will strengthen marriage, not weaken it." — Kate Storm

 

CARRIGAN DROPS OUT

Progressive candidate Michael Carrigan decided this week to drop out of the Ward 7 City Council race. He says dropping out was a "difficult decision," as people he knows and trusted encouraged him to challenge Scott Meisner, while others asked him to drop out and support Andrea Ortiz.

"After serious soul searching and serious discussion with Andrea, I've decided only one candidate should take on Meisner. That should be Andrea," says Carrigan, adding that Ortiz is a strong progressive and a strong supporter of the environment.

Carrigan says what matters is getting a progressive elected instead of Meisner, and the race is about that. "I'm making the best decision for Ward 7 and Eugene as a whole," he says, adding, "I'm planning on putting in a lot of time and energy in getting Andrea elected." — AS

 

SPRAYING MAY HAVE UNINTENDED IMPACT

This spring, ODA will spray 183 acres of land in the Crest Drive area of Eugene with the natural insecticide Btk to eradicate a suspected colony of the destructive Gypsy Moth. Agencies who use Btk for this purpose make claims that imply it is specific for Gypsy Moth, but this is not true. Not only can spraying kill moths or butterfly caterpillars of any species feeding in the area, but certain caterpillars (Tiger Swallowtail for example) are far more sensitive to Btk than is Gypsy Moth.

Sunlight degrades Btk quickly, suggesting that effects should be short-lived, yet a Michigan State University study showed that droplets of spray shielded from the sun could kill caterpillars up to 30 days after spraying. Non-lethal doses also affect the fertility of resulting adults. Paul Severns, who has studied effects of Btk on butterflies after a Dexter spraying, says there is not enough research to predict non-target effects of Btk, and suggests it would be of benefit for people who butterfly-garden to keep track of what butterflies they see and how many of each they count. The data could contribute to anecdotal records of what happens in urban spray areas. — Rachel Foster

 

ITALIAN PEACE FLAGS GROW IN POPULARITY

Colorful "Peace" flags have been seen in the Eugene Celebration parade and elsewhere around Eugene at peace demonstrations since the Bush administration announced its plans to invade Iraq. Where did these flags come from?

Eugene peace activist Betsy Steffanson says she first saw the 3-by-5-foot cloth Italian flags with the word "Pace" ("peace" in Italian, pronounced pah-che) when her friend Sharon Schuman brought 20 back from Italy last year. No other country was making the flags, so she got the name of the manufacturer in Italy, and called them.

"They speak English," she says. "I asked them if they could make the flags with 'peace' in English, and they asked me if I could buy 500." She agreed and is now working her way through her second shipment of 500 and says the flags are being displayed and carried all over the country.

Steffanson figures $15 covers her costs, including shipping from Italy. Flags can be purchased from her by calling 686-2531 or e-mail nfp@efn.org — TJT

 

STUDENTS COMPETE IN ACADEMIC PURSUITS

In the late 1970s, Vernon Jarrett, renowned author and journalist, initiated an "Olympics of the Mind" to promote and reward African-American students as academic achievers in the same way sports heroes are honored. Twenty-five Eugene and Springfield high school students of color will continue this tradition of competition Sunday, March 14 in the annual Afro-Academic, Cultural, Technological and Scientific Olympics (ACT-SO), sponsored by the Eugene/ Springfield chapter of the National Association for the Advancement of Colored People.

Local students will compete in 14 of the 24 categories in sciences, humanities, performing arts and visual arts. Competitions will begin at 9 am in the Hult Center, with a visual arts exhibit and performing arts presentation open free to the public at 7 pm.
The evening event will include performances in dance, oratory arts, music (vocal) and dramatics. Student poets will also present their work during the evening program.

"With such a small population of African Americans in the area," says Dr. Snell Fontus, local NAACP's ACT-SO chairperson, "giving these students a venue to exercise their gifts and present their talents is important. It develops self-confidence in what they are capable of doing."

Eugene student winners will be awarded with bronze, silver and gold medals, and advance to compete in the nationwide ACT-SO competition in Philadelphia in early July. Fontus says, "The national competition takes place the same weekend of the NAACP conference. So, not only do the kids get to compete with the best and brightest, but they get to rub shoulders with activists from across the country." National winners receive scholarships and educational aid prizes such as computers.

ACT-SO centers around the dedication and commitment of community volunteers and business leaders to serve as mentors and coaches promoting academic and artistic excellence among African American students. — Bobbie Willis

 

CORRECTIONS/CLARIFICATIONS

Vanessa Salvia's music column last week referred to Against Me! releasing "seven percents;" of course, that should have read "seven-inch" recordings.

 

 

SLANT

Our news story this week on the city attorney and his amicus brief on behalf of PeaceHealth raises all kinds of issues, some old and some new, but all related. What's wrong with our city charter that creates a powerful city manager and allows our private city attorney to represent our best interests one minute, then turn around and facilitate competing interests the next minute? And who's really running the city when our assistant city manager is meeting with our city attorney to talk about intervening on statewide policy issues? And what does it mean for Eugene to lose a major medical center to Springfield? How do we calculate the cost of lost jobs, lost medical services, lost opportunities and lost prestige, not to mention lost street and road funding that will be sucked out of Eugene to accommodate a huge, sprawling development in Springfield? ODOT and LCDC dropped the ball in this court case, but fortunately we have 1000 Friends of Oregon, CHOICES and the Jaqua family fighting for Eugene's (and Springfield's) best interests.

The city's plans to divert property taxes away from schools and into urban renewal projects along the Willamette River in Eugene could go to voters if local citizens can get the 3,722 valid signatures required. Will it happen? EW's coverage of the topic (including last week's page 11 news story) appears to have stirred some interest in people beating the streets. E-mail lists are buzzing and at least one person, Zach Vishanoff, has volunteered to gather signatures on campus every afternoon. Once the council has given final approval to the expanded Riverfront Urban Renewal District, petition gatherers will have 29 days to gather the signatures. One of the major concerns with the new urban renewal plan is vagueness about how the money can be spent. Here's a radical idea: How about opponents agreeing to abandon their referral efforts if the City Council amends the plan to make it more palatable?

Looks like Mayor Torrey is going to become Citizen Torrey for the foreseeable future. Torrey's a personable guy with good intentions, and he's been a strong advocate for education. But we're not sad to see him go. His tie-splitting votes on development and other land-use issues have contributed to a lowering of quality of life in Eugene, and for many of us, that will be Torrey's legacy. What will be our next mayor's legacy? It won't be guesswork. Our two leading candidates both have clear voting records over time on a broad range of issues.

We've been stealthily probing our buddies down at the R-G to leak us some hints about what's the buzz in the newsroom, but they are keeping mum. We think the R-G owes its readers the courtesy of outlining the new pecking order. Who ya gonna call with questions, complaints and story ideas? Titles have changed on the website and it looks like management is trying the trendy "team" approach once again, and feature writers are now also knocking out hard news. Margaret Haberman is no longer city editor and Executive Editor Jim Godbold is now working under Jackman Wilson on the editorial pages. Who's covering the environment?


SLANT includes short opinion pieces and rumor-chasing notes compiled by the EW staff. Heard any good rumors lately? Contact Ted Taylor at 484-0519, editor@eugeneweekly.com

 

Mixed Loyalties
The convoluted case of the amicus brief.
BY TED TAYLOR

PeaceHealth's planned move to north Springfield is considered potentially damaging to Eugene. Eugene could lose a major regional medical center and thousands of family wage jobs, local street repairs could be delayed for decades, and it could cost Eugene millions to establish a new, smaller hospital in the city center. And yet Eugene City Attorney Glenn Klein has written a legal brief that is seen as supporting PeaceHealth's move.

Is it a conflict of interest? Not according to the city attorney, city staff or Oregon's vague ethics rules. But some city councilors and local land-use activists are outraged anyway, and say the problem illustrates why Eugene needs its own in-house city attorney rather than a private lawyer who can also represent anyone he wants.

Klein is being paid by PeaceHealth to write a legal brief for the League of Oregon Cities (LOC) regarding an appeals court case involving hospital development plans. Springfield is challenging an unfavorable ruling by the Land Use Board of Appeals (LUBA) regarding transportation issues. LUBA says the city and hospital can't wait 10 years or more to deal with anticipated traffic snarl created by the hospital (see EW news story, Jan. 8).

Eugene councilors have mixed views on the LUBA ruling, but city staff bypassed the council and went directly to Klein. Assistant City Manager Jim Carlson says it was his idea. "After I had read the LUBA decision and talked to staff from Planning and Development," Carlson says, "I encouraged Glenn to agree to prepare the amicus for the League."

Carlson says LUBA's interpretation of the Transportation Planning Rule "significantly restricts how cities (and counties) will be able to time and undertake transportation projects in their jurisdictions. I felt that the decision had potential negative implications for the city of Eugene. Limiting the discretion of city councils and county boards of commissioners in this area seemed to me, as well as the other members of staff, like a bad idea … and we agree with the dissenting referee" on the LUBA panel.

But Carlson may have been acting contrary to the city's Growth Management Policies adopted in 1997 and still in force. Policy 14 states that "Development shall be required to pay the full cost of extending infrastructure and services," with possible exceptions for "higher-density, in-fill, mixed-use and redevelopment."

Klein had little to say in response to questions posed by EW, other than, "There was no direct or perceived conflict of interest: The city of Eugene has not taken a position on the RiverBend development and is not fighting it. In addition, before agreeing to write the amicus, I checked with the city of Eugene to ensure that the city had no objection or concern about it."

But did Klein, who's considered an expert on municipal law, even need a waiver from the city to write the brief? UO law professor of legal ethicsTom Lininger says "As a general matter, clients deserve undivided loyalty. Oregon's ethical rules instruct lawyers to avoid both actual and likely conflicts of interest. An actual conflict of interest exists when the lawyer has a duty to contend for something on behalf of one client that the lawyer has a duty to oppose on behalf of another client." And he went on to say that a "waiver solves the conflict problem as a technical matter." But the final authority on the matter appears to be Klein himself.

City Manager Dennis Taylor said at a council work session March 8 with Klein at his side that, "This wasn't one of those situations where the city attorney has to seek approval from the city manager or perhaps staff … I don't believe that in a technical sense the waiver was asked for and obtained. What was given the city manager's staff was a heads-up that this was happening."

Councilor David Kelly raised the issue at the work session, saying he was concerned about the impact of the brief on Eugene. "The brief doesn't take a position on PeaceHealth's move to Springfield as such," he said, "but it certainly facilitates that move, which is not in Eugene's interest … Didn't this action constitute policy-making by staff by not referring that question to us?"

Taylor responded, saying, "I don't think it was. It was Oregon Cities that was intervening. Eugene was not involved per se other than through our membership in the League."

Klein declined to answer EW questions about whether his firm's $1.6 million contract with the city implies a lawyer-client relationship that precludes him from taking any action that would harm the city. He also would not say how much he was paid by PeaceHealth for his work.

Kelly says the council is not legally in a position to oppose the PeaceHealth move, but the council has taken "a series of positions regarding PeaceHealth staying in Eugene."

Because these were "political/policy" decisions, Kelly says, "I don't believe it was appropriate for Klein to write the amicus brief." And if permission or a waiver of conflict were requested, Kelly says it "should have been brought to the council" instead of the city manager's office.

Councilor Bonny Bettman says Klein was "probably within his legal rights," but she faults the current system whereby the city contracts all its legal services with Harrang Long Gary Rudnick PC instead of hiring an in-house attorney without mixed loyalties.

"We had an opportunity to deal with this," she says, referring to a failed charter amendment vote to establish an in-house city attorney, "and nobody showed up to the plate." A charter review committee recommended the amendment, but it failed at the polls in 2002 following Voters Pamphlet opposition statements from former city managers, and a Register-Guard editorial Oct. 10, 2002 saying it was an "unnecessary and potentially damaging idea." The R-G did not disclose that it also uses Harrang Long for legal services.

 

SANDY ALDRIDGE & DALE LUGENBEHL

"We felt we were working to support our house," says Dale Lugenbehl, describing life in San Diego, where he taught philosophy and Sandy Aldridge taught sociology at separate colleges. "We wanted time for other things." And so, in 1994, Lugenbehl and Aldridge quit their jobs and settled on eight acres near Cottage Grove. After five months in a tiny trailer, they moved into the house they were building. Already vegans and avid gardeners, the couple planted fruit trees and started gardens the following spring. "We realized what a wonderful place for growing this is," says Aldridge. "We now grow 80 percent of our food." The couple estimates total annual living expenses of $8,000, including $225 for food. "If you don't need a lot of stuff, you'll have more time," Lugenbehl observes. Each teaches a light schedule of classes at LCC. Together they speak on voluntary simplicity and the environmental impact of food choices. Last weekend they addressed the annual Public Interest Environmental Law Conference at UO. Spring term they offer a noncredit course titled "Your Money or Your Life." (Details at 942-0583.) "You will hardly ever meet folks who walk their talk like Sandy and Dale," says friend Julie Rogers.

 



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