The 9th Circuit Court of Appeals has ruled that former Lane County Commissioner Rob Handy's complaint against the county, Liane Richardson (now Inkster), Sid Leiken, Faye Stewart and Jay Bozievich can be amended and move forward for a decision.
The Circuit Court ruled that: "While the district court did not specifically address whether amendment would be allowed, the district court entered judgment soon after dismissal, effectively precluding amendment. In general, leave to amend should be freely granted."
Handy's lawsuit, which was also filed by his constituent Brian McCall, claimed "in part, that Lane County, three of its commissioners, and the county administrator denied Commissioner Handy access to his office and his emails for months, creating great difficulties in carrying out his job as an elected official, which also impacted his constituents, " according to a press release from Handy.
The full press release is below and the appeals court ruling is here. EW will ask Lane County for comment for a story for next week's issue.
On Thursday, October 23, 2014 the 9th Circuit Court of the U.S Court of Appeals released its decision on the appeal of Rob Handy, former Lane County Commissioner and his constituent, Brian McCall against Lane County, individual Commissioners Faye Stewart, Sid Leiken, and Jay Bozievich and former Lane County Administrator Liane Richardson (now Inkster).
Federal 9th Circuit Court of Appeals overturns Judge Aiken's decision dismissing Rob Handy's lawsuit against Lane County.
The original lawsuit claimed, in part, that Lane County, three of its commissioners, and the county administrator denied Commissioner Handy access to his office and his emails for months, creating great difficulties in carrying out his job as an elected official, which also impacted his constituents.
The federal appeals court overturned Chief District Court judge Ann Aiken's decision not to allow Handy to clarify his original complaint. The appeals court ordered that Handy and McCall are allowed to amend their complaint and go forward to a decision on the merits of their claims.
According to Rob Handy, “We filed this suit to bring attention to the politicization of the offices of the Lane County Commissioners and how those in power misused that power to further a political agenda. The three commissioners named in the lawsuit are still in office and the concerns remain valid. We have been seeking access to justice and are looking forward to moving forward with this case in the courts.”
Local attorney Marianne Dugan represented former commissioner Handy in the appeal and continues to represent Handy as the case moves back to the jurisdiction of the District Court.
Last week the Lane County Blood Bank sent EW an email that says, "Halloween is a great time to talk about blood and we’d like to bring some attention and educate your readers on the need for blood in our community."
Err, umm, yes, I suppose Halloween is a good time to talk about blood, now that you mention it. And nothing says Halloween like the Lane County Bloodmobile, right?
You do have to give the Bloodbank points for a holiday-themed news peg. Plus the agency forever earned my affection when it began the "Pints for a Pint" donate blood and get a beer thing.
The American Lung Association trumped the Bloodbank's vampire, zombie, blood, donate thing by sending me a bag of candy. Yup. Before I opened the enclosed card, I fell for it — assumed it was a bag o' kids treats. I was right about to throw the bag on a coworker's desk when out of the depths of my Monday mind I remembered that no one just sends a reporter candy. They want something. I opened the card.
The American Lung Association didn't just send me some Starbursts, Rolos and Dum Dums. It also sent me some watermelon flavored nicotine liquid, rolling papers and a Swisher Sweet.
Ironically the coworker whose desk I was cavalierly going to throw the bag of treats on has been trying to quit smoking for two weeks. I'm not sure the grape flavored cigar wrapper would have amused him.
So there you are, if you want to get the word out, send an email about blood or send a goodie bag of candy and nicotine. Now go donate blood and don't let kids get hold of nicotine products that look like kids treats.
And I'm going to put the watermelon flavord nicotine vapor bottle on my shelf next to the organic personal lubricant (Good Clean Love) and the condoms (Center for Biological Diversity).
If you live in Eugene you probably do know someone who has watched an enviro bill pass or fail on C-SPAN like it's the final seconds of a close game.
We are so doomed this season …
It's an oldie but a goodie. Lane County's interesting decision making and the R-G's headline keeps resurfacing on the internet.
(Click the image to go to Facebook and see it fullsize).
If you've been living under a rock (or just not on FB) then George Takei of Star Trek fame and author of Oh Myyy (There Goes the Internet) runs a FB page that posts funny clips, memes, photos and observations to more than 7 million followers.
Yup, Lane County's circa 2006 error refuses to die and a couple million more just saw it. On that note, don't forget there is an election next month. Kevin Matthews, Faye Stewart's challenger in the primary is staging a write-in campaign. That would be him posting merrily on Takei's Facebook page in the picture above. And yes, Stewart was indeed in office in 2006.
The moment you see a post on social media that's too crazy, too good or too stupid to be true like fracking companies using pink drill bits to raise breast cancer awareness … it's usually fake. When people post and repost those things it drives me a little insane. SO I've been ignoring all those pictures of pink drill bits that people have been posting, because who would do that in real life, honestly?
As it turns out a company called Baker Hughes.
According to Mother Jones:
The irony here is that one of the primary criticisms of fracking is that the fracking process injects possible and known carcinogens, including benzene, formaldehyde, and sulfuric acid, into the ground and surrounding environment. A 2011 senate investigation of 14 leading fracking companies found that, between 2005 and 2009—far from the height of the fracking era—the companies had "injected 10.2 million gallons of fracturing products containing at least one carcinogen."
The mind boggles.
There is a CREDO campaign to ask the Susan J. Komen Foundation to "stop pinkwashing fracking" that points out Komen backed down on defunding Planned Parenthood after a public backlash.
Jimmy Fallon of The Tonight Show notes the current contretemps over the UO School of Architecture and Allied Arts canceling its community figure drawing classes that feature nude models because, the school says, it got lewd phone calls in response to flyers looking for models.
He didn't note the irony that the UO canceled art classes over fears of indecency but allowed its athletics program to bring a sex offender to campus to talk about "the consequences of poor decisions.”
This is the kind of thing the UO says is not OK on campus.
And this is what the UO says is OK on campus.
Scratching my head …
Charlo Greene of Alaska's KTVA quits on live TV after revealing she was the founder of the AK Cannabis Club (which she reported on earlier in the broadcast) and will be working to legalize marijuana in that state.
The reaction of her coworker is priceless.
Full article on Alaska Dispatch News: http://j.mp/adnakcannabisclub
Oh, wait, I KNOW you missed The Band of Heathens last night because it was pretty much just me and 20 other people at the WOW Hall on a Tuesday night.
You missed a great show and the Heathen's new Tom Petty-esqu song "Carry Your Love," which debuted on Texas Monthly yesterday a couple hours before the Eugene performance. Click the image to listen:
Despite the sparse audience The Band of Heathens were their usual mix of instrospective, danceable Americana rock — you can shake to it or just listen, and last night was worth doing both. Let's face it, it's asking a lot to pack the WOW Hall on a Tuesday; if this had been a Thursday or a weekend there would have been a lot more people, as there were when BoH played Sam Bonds on a Friday last November. Points for making a cover of "The Mighty Quinn" the encore. Hell, points for an encore with such a small (albeit enthused) audience.
Midway through their set, an audience member hollered out "Play 'Medicine Man'" off the "Top Hat Crown and the Clapmaster's Son" album.
"What?" responded Ed Jurdi, "I can't hear you over all these people." (OK, I think it was Jurdi, he's the beardy one. I had some hard cider in me at that point).
BoH tapes all their shows and announced they recorded the WOW Hall show, which you can buy and download on their website. Don't miss them next time or you can catch them in Portland Sept. 20 (lucky PDX, that's a Friday).
I admit it, I didn't watch the new Mat Kearney video until today. I got the press relases, I saw the R-G did a story, I saw friends posting it on Facebook. But the moment I see something is paired up with Duck football, I lose a little interested (that's blasphemy if you live in Eugene, isn't it?).
But I talked to a couple friends with good taste in music (and a similar "meh" attitude about football) and they praised it so I pulled up the video … and it's pretty darn good. The song is anyway. Given a certain feeling that the Ducks are a little oversaturated, the video is a little football heavy, but the wistfulness of the song and the historical footage make it work. About minute 48 there's a shot of sailboats on Dexter Reservoir with Parvin Butte (pre-current mining destruction) that made me even more wistful.
Also it has horses. I'm a sucker for horses.
If you were unaware that Kearney is a Duck's fan, then you missed "Chip Don't Go."
When I started reading the "long-form journalism" piece on SB Nation about former UO Duck player Colt Lyerla I was speechless. Not because he alleges the UO promised him a house and car (hey at least it wasn't allegations about being offered sex this time) but because of the florid descriptions of Lyerla and over-the-top language that "A Place to Call Home" is peppered with. Papers including The Oregonian and the R-G weeded through it until the pulled out the details about the alleged offer, but I feel that just getting out the actual news in the piece isn't nearly as much fun as reading the rather remarkable prose.
The descriptions of Lyerla are what make the piece. Here's the first one:
In person, he appears impossibly large. His measurements — 6'4, 242 pounds, as of February's NFL Combine — are plausible enough, but up close, the body appears to be something out of a create-a-player generator in a video game, his outsized proportions more virtual reality than man-made. It starts with the hands, soft tensile masses perfectly engineered to catch footballs. His enormous calves challenge the elasticity of his socks, while his forearms seem as thick as telephone poles. Even as he sits at the small glass kitchen table, in a baggy white T-shirt and black basketball shorts, he seems to loom over it. His dark brown eyes, cleft chin and strong, smooth jaw line complete the look of someone who has never been an underdog on the field, and who has never lacked attention.
The metaphors really make the piece. Later, there is this one:
He was used to being an anomaly because his body enabled him to do things that defied what so many others had hardwired into their genetic code, a hacked iPhone when everyone else still operated on factory settings.
Yup, a football player = hacked iPhone.
You can read and enjoy the whole piece for yourself at SBNation.com.
According to the R-G, the UO Athletic Department responded, “The University of Oregon takes seriously any allegation of a rules violation and the compliance department will thoroughly examine the information to determine its validity as we do in all cases.”
Notice the air isn't as clear and beautiful as you might like for Labor Day weekend? This just in from LRAPA: Labor Day weekend air quality affected by Deception Complex wildfire smoke The Lane Regional Air Protection Agency (LRAPA) would like to advise residents and visitors in Lane County to be aware of air quality concerns throughout this weekend. Labor Day weekend air quality is looking to range from “Moderate/Yellow” to “Unhealthy for Sensitive Groups (USG)/Orange” in Oakridge/Westfir. Eugene/Springfield is looking at ranges from “Good/Green” to “Moderate/Yellow.”
The Deception Complex fire in Oakridge has grown to 2,196 acres as of Sunday, August 31, 2014. Cooler area temperatures and light precipitation is improving conditions slightly. Smoke levels were significantly lower in the Oakridge area Saturday than earlier in the week. The wind is forecasted to push from the Northwest to the North for the next couple days. This will help keep smoke levels down in the immediate Oakridge area. However, if the winds change or conditions do not improve and worsen from the “USG” levels, LRAPA advises that residents stay indoors and limit outside activities.
The City of Oakridge and Lane County Government has set up a smoke relief room at the Willamette Activity Center (47674 School St.), Room 10. The room is open Saturday-Monday this weekend from 9 AM – 5 PM. People are welcome to turn on air conditioning and escape from the smoke. People feeling health impacts from the smoke should contact their doctors or health care providers.
More information on smoke related health impacts can be found here, at the United States Environmental Protection Agency website brochure: http://www.epa.gov/airnow/smoke/Smoke2003final.pdf
nformation on the Deception Creek Fire can be found at the Willamette National Forest website and twitter, @willametteNF or the Incident Information System: http://inciweb.nwcg.gov/incident/4093/
For more information, please call Jo Niehaus, LRAPA’s public affairs manager at 541-736-1056 ext 217. # # #
Too stoned to read EW's recent marijuana coverage? (Or simply an "inexperienced consumer? Sorry, pot legalization is no laughing matter but there's something about weed that just gives us the giggles). Eugene Cannabis TV, which is sort of the Grateful Dead meets Between Two Ferns, is here to get you updated on the world of weed. Episode 541 includes a reading of an EW article covering our Stirring the Pot forum that clears up some misconceptions about upcoming marijuana legalization measures.
"I'm bringing booty back /Go ahead and tell the skinny bitches that./Nah, I'm just playing, I know you think you're fat. /But I'm here to tell you every inch of you is perfect from the bottom to the top."
Meghan Trainor's "All About That Bass," which playfully and danceably calls for women to love their bodies, especially with some junk in the trunk, is now officially stuck in my head.
Moving now to country, Maddie and Tae don't quite flip the gender stereotypes about women in country but do have a little fun with it. There's a nice discussion of what's going on with gender sterotypes in videos that try to flip them over at Slate.
"I hate how this bikini top chafes/Do I really have to wear it all day? … It's driving me redneck crazy. Being a girl in a country song, how in the world did it go so wrong?/ Like all we’re good for is looking good for you and your friends on the weekend, nothing more.”