Tag Archives: Portland

Ninth Circuit rules that cities can’t prosecute homeless for sleeping on the streets

This will no doubt help keep the homeless industrial complex alive.

From Fox News: Cities can’t prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.

The 9th U.S. Circuit Court of Appeals sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces. The ruling could affect several other cities across the U.S. West that have similar laws.

It comes as many places across the West Coast are struggling with homelessness brought on by rising housing costs and income inequality.

When the Boise lawsuit was filed, attorneys for the homeless residents said as many as 4,500 people didn’t have a place to sleep in Idaho’s capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years, and Boise modified its rules in 2014 to say homeless people couldn’t be prosecuted for sleeping outside when shelters were full.

But that didn’t solve the problem, the attorneys said, because Boise’s shelters limit the number of days that homeless residents can stay. Two of the city’s three shelters also require some form of religious participation for some programs, making those shelters unsuitable for people with different beliefs, the homeless residents said.

The three-judge panel for the 9th Circuit found that the shelter rules meant homeless people would still be at risk of prosecution even on days when beds were open. The judges also said the religious programming woven into some shelter programs was a problem.

“A city cannot, via the threat of prosecution, coerce an individual to attend religion-based treatment programs consistently with the Establishment Clause of the First Amendment,” Judge Marsha Berzon wrote.

The biggest issue was that the city’s rule violated the U.S. Constitution’s Eighth Amendment against cruel and unusual punishment, the court found. The amendment limits what the government can criminalize, it said.

“As a result, just as the state may not criminalize the state of being ‘homeless in public places,’ the state may not ‘criminalize conduct that is an unavoidable consequence of being homeless — namely sitting, lying, or sleeping on the streets,'” Berzon wrote.

The ruling shows it’s time for Boise officials to start proposing “real solutions,” said Maria Foscarinis, executive director of the National Law Center on Homelessness & Poverty, whose attorneys were among those representing the homeless residents.

In 2007, the 9th Circuit ruled in favor of homeless residents of Los Angeles, finding that as long as there are more homeless residents than there are shelter beds, a law outlawing sleeping outside was unconstitutional. Both sides later reached an agreement and the entire case was eventually thrown out.

In 2009, a federal judge said a Portland, Oregon, policy designed to prevent people from sitting or lying on public sidewalks was unconstitutional. Portland officials now must also give campers at least 24 hours’ notice before cleaning up or moving unsanctioned camps.

A state judge rejected a similar anti-camping law in Everett, Washington.

Sara Rankin, a professor at the Seattle University School of Law and director of its Homeless Rights Advocacy Project, said the ruling will serve as a wake-up call to local governments, forcing them to invest in adequate supportive housing for the chronically homeless.

“I think it’s finally common sense,” Rankin said of the ruling. “There are certain life-sustaining activities that people can’t survive without doing. It’s a really important recognition that people have to be able to legally exist and survive somewhere.”

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Portland Burgerville employees wear “Abolish ICE” buttons while at work; management caves to their demands

Burgerville Workers Union photo

Burgerville is a restaurant chain headquartered in Vancouver, Washington with 47 locations throughout Washington and Oregon.

The workers formed the Burgerville Workers Union in April 2016 which the company opposed. According to Wikipedia, in 2018, the workers of one Burgerville restaurant in southeast Portland voted 18-4 in an NLRB-administered election to form a labor union; the vote compels the company to officially recognize the Burgerville Workers Union (BVWU) and to collectively bargain with it. The BVWU is the only fast food union in the United States with federal recognition.

Now some union employees are taking a vocal political stance while working in private company uniforms.

Oregon Live reports that ten employees wore “Abolish ICE” and “No One Is Illegal” buttons last month while on the job at a Portland Burgerville location. They were told to remove their buttons while at work, refused to do so and were then sent home because they were in violation of company policy.

The next day, the company caved and allowed the employees to continue with their political pandering and even gave them pay for the time they were sent home.

A spokesman for the BVWU said the following: “We see the workplace as a central realm for combating white supremacy and anti-immigrant sentiment.”

The company is not pleased with this public display of personal political opinions at their private company. Yet the union workers continue with their antics. Oregon Live describes how employees have worn buttons with “messages opposed to fascism, police brutality and the Trump administration’s immigration policies.”

The workers don’t care that it makes customers uncomfortable. A spokesman for the company says that the feedback they’ve received indicates customers don’t want to see personal or political messages while they eat. Duh, they just want a burger and fries.

The company then formalized their policy and prohibited political buttons. But that didn’t stop the ten employees from wearing their political buttons. So then Burgerville put that new policy on hold.

Imagine being so infected with TDS that you purposely break a company policy and make customers feel uncomfortable all so you can feel better about your own political stance. Progressives are such bullies.

Read the whole Oregon Live story here.

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Sanctuary benefit: Oregon hospital denies illegal alien a liver transplant then terminates its "archaic" policy

lesama-santos illegal alien go fund me photo

Photo from GoFundMe


Wonder how many US citizens she gets to bypass for her new liver.
From Fox News: An Oregon hospital who denied an illegal immigrant a liver transplant due to her lack of citizenship later terminated the policy.
Silvia Lesama-Santos, 46, who’s said to be in “critical condition,” was denied a liver transplant on Monday from the Oregon Health & Sciences University (OHSU) in Portland, Fox 12 Oregon reported, citing a press release from the American Civil Liberties Union (ACLU) of Oregon.
The hospital sent the stay-at-home mother of four a letter explaining that since she does not have a “lawful presence or immigration documentation” in the U.S., she could not receive the transplant as hospital policy “requires proof” for transplant operations.
Lesama-Santos, a resident of the Portland area for more than 30 years, has health insurance through her husband’s employer, according to a copy of the letter published by the ACLU.
The hospital stated that Lesama-Santos could restart the process for requesting a liver transplant “when your situation has changed and you meet the above requirements.”
On the same day the ACLU released its statement — and called for the hospital to change its rules — OHSU terminated its policy barring illegal immigrants from receiving transplants.
“It was brought to our attention this evening that an archaic transplant policy was preventing an undocumented individual illegal alien from being evaluated at OHSU,” a hospital statement read. “Upon learning of the policy, OHSU leaders acted immediately and terminated the policy. We deeply regret the pain this has caused the family.”
The hospital said that “all are welcome at OHSU, and this policy does not reflect our values.”
“The OHSU transplant team is informing the family of our change in policy… OHSU’s legal team has begun a system-wide audit to ensure no other such policies exist,” the statement read.
A GoFundMe account(seeking $10,000) created by Lesama-Santos’ oldest son said that his mother will start “the transplant process,” which an ACLU spokesperson confirmed to OregonLive.com on Wednesday.
Lesama-Santos was reportedly accepted to undergo the transplant at a Seattle hospital, but the ACLU said it’s unclear whether she’s healthy enough to travel to Washington, or to even get the transplant in Portland.
h/t Laura
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Illegal alien deported 20 times gets 35 years in Portland for sex assaults

sergio jose martinez

Illegal Martinez freed by officials in Oregon to commit assault


Happened in a sanctuary city and county.
From Fox News: An undocumented immigrant illegal alien, with a history of arrests and deportations, was sentenced to 35 years in prison Friday after his sexual assault conviction earlier this year.
KATU News reported that Mexican national Sergio Jose Martinez, 31, attacked two women in Portland, Ore., on the same day. The first was a 65-year-old whose car he stole, and a younger woman. He was arrested July 24, the report said.
Prior to the attacks, Martinez had been deported 20 times, had a series of probation violations for illegal crossings into the United States and had a felony burglary conviction, KGW.com reported, citing court documents filed in March.
Martinez faced charges of kidnapping, assault, robbery and sodomy, KATU News reported. He was released from Multnomah County Jail last December despite the objection of U.S. Immigration and Customs Enforcement (ICE) officials.
ICE had asked local authorities to alert the federal agency prior to Martinez’s release, the paper reported. However, the agency told KATU News in July that “local authorities released Mr. Martinez back into the community the following day without providing any notification to ICE.”
Multnomah County (Ore.) Sheriff Mike Reese and county officials penned a letter addressing the issue, saying “the Sheriff’s Office does not hold people in county jails on ICE detainers or conduct any immigration enforcement actions,” KGW.com reported.
Martinez’s sentencing came a day after the acquittal of San Francisco murder defendant Jose Inez Garcia Zarate, an undocumented immigrant, in the death of Kate Steinle.
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A TV show promoting a polyamorous throuple: Canada's "You Me Her"


I’ve never seen this show before because 1) I have no desire to watch it and 2) it airs in Canada. I’m sure American audiences can find it somewhere. I’ll pass.
The background on this “rom-com” (romantic comedy) show:
“You Me Her is a Canadian television show that revolves around a suburban married couple who is entering a three-way romantic relationship, otherwise known as a polyamorous relationship. The series is set in Portland, Oregon and was created by John Scott Shepherd. The series is also promoted as TV’s “first polyromantic comedy”. On June 9, 2016, Audience Network renewed the series for a second and third season. The second season premiered on February 14, 2017.”
The show’s premise:
“The series revolves around married thirty-somethings Jack and Emma Trakarsky, from Portland, Oregon, whose sex life has been slowly dying. In an effort to reinvigorate their sex life and possibly conceive a child together, they decide to bring Izzy, a 25-year-old college student and part-time escort, into their marriage, initially intending it to be a purely business-like arrangement. When both start to develop romantic feelings for Izzy, and vice versa, they find themselves having to navigate their way through a minefield of prying neighbours, social norms and prejudices, all while struggling to confront their own feelings and adjust to the unfamiliar dynamic of a polyamorous relationship.”

Another attempt by media to discredit social norms and slam the “prejudiced” people who uphold them.
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Homosexual Seattle mayor Ed Murray, accused of sex abuse, reportedly won’t seek re-election

Ed Murray with husband Michael Shiosaki
As Dr. Eowyn reported back in April, Seattle mayor Ed Murray was accused of sexually molesting three teenage boys. This includes having sexually molested a 15-year-old boy in the 1980s. At the time, Murray would have been in his early 30s. From her blog post:
“Lewis Kamb and Jim Brunner report for Seattle Times that on April 6, 2017, a 46-year-old man with the initials D.H., a resident of Kent, Washington, filed a lawsuit in King County Superior Court, claiming that Ed Murray had “raped and molested him” over several years, beginning in 1986 when the man was a 15-year-old crack-cocaine addicted high-school dropout. Murray gave the teen payments of $10 to $20.
In an interview with The Seattle Times, D. H. said, “I have been dealing with this for over 30 years,” and that he’s now coming forward as part of a “healing process” after years of “the shame, the embarrassment, the guilt, the humiliation that I put myself through and that he [Murray] put me through.”
Then, in early May, a fourth person accused Murray of sex abuse.  From King5:
A fourth accuser came forward claiming Seattle Mayor Ed Murray paid him for sex when he was a teenager.
In court documents filed Tuesday, Maurice Jones, 44, claimed he was introduced to Murray by Delvonn Heckard who also claimed he was abused as a teen by Murray. Heckard is the only person suing the mayor at this point. The declaration submitted to the court by Jones is in support of Heckard’s lawsuit.
Jones claimed in a written statement that Murray was known for patronizing child prostitutes at the time when Jones was a teen. Jones claimed he had also been in Murray’s Capitol Hill apartment at the same time Heckard has claimed abuse in the 1980s.”
Now the mayor is apparently ready to announce he will not seek re-election. And, his supporters are setting up a legal defense fund for him, anticipating that his defense of these allegations will cost him $1 million.
Sounds like the good mayor has got himself some serious legal issues.
From MyNorthwest.com: Seattle Mayor Ed Murray will officially announce Tuesday that he will not seek re-election, sources tell KIRO Radio.
Murray currently faces allegations that decades ago he sexually abused four minors. He has vehemently denied the claims, but had not yet filed to seek a second term with the deadline to submit the paperwork one week away. Publicly, his campaign staff has said the one-term mayor is going to run. But privately, Murray and others have been gauging the erosion of the mayor’s popularity before deciding to make another bid. Sources tell KIRO Radio, however, that the mayor plans to formally announce that he will not seek re-election.
According to the latest report from Washington’s Public Disclosure Commission, Murray has more than $372,000 in campaign contributions. He has been fundraising since late 2016.
Murray’s expected announcement likely will trigger a slew of potential candidates stepping into the fray.  Former Mayor Mike McGinn has already announced, as has urban planner Cary Moon and activist and poet Nikita Oliver. Former U.S. Attorney Jenny Durkan likely will announce her candidacy within days and Seattle Democratic Sen. Bob Hasagawa has also expressed an interest, among other candidates.
Four men have accused Murray of sexually abusing them as minors. The latest, Maurice Jones claimed he was introduced to Murray by Delvonn Heckard, who has said he was abused by the mayor in the 1980s. Murray has said he has no idea who Delvonn Heckard is and maintains that the man’s name “is not familiar” to him.
As of May, an independent trust has been created to raise money for Murray’s legal defense, The Seattle Times reports. To make sure the fund will not run afoul of regulations, the Pacifica Law Group sent a letter to the city’s ethics and elections commission stating their intent.
We represent the Ed Murray Legal Defense Fund, an independent trust being created to help defray the legal expenses that the Mayor of Seattle, Edward B. Murray, must incur to defend himself in an ongoing civil lawsuit … the mayor, a lifelong public servant, does not have the personal resources needed to fund his own legal defense.
Heckard, 46, is described as an openly gay man with no real political inclinations, which contrasts with the mayor’s claims that the allegations are a part of a right-wing conspiracy because the mayor pushed the LGBTQ civil rights bill.
Jeff Simpson, another one of Murray’s accusers, has stressed that he is not asking for anything other than for the mayor to admit what he did. Murray told KIRO 7 that he was Simpson’s “legal guardian for just under two years.”
Simpson is one of two Portland men who have accused Mayor Murray of sexual abuse while they were minors in the 1980s.
Murray became the mayor of Seattle in January 2014 after 18 years as state legislator representing the 43rd Legislative District. He was the prime sponsor of the state’s marriage equality bill. As mayor, he signed an executive order raising the minimum wage of City employees to $15 an hour.  Most recently, Murray proposed a soda tax and city income tax.
Murray lives in Seattle’s Capitol Hill neighborhood with his partner of 24 years, Michael Shiosaki.
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Portland will tax public companies where CEO pay is 100 times employee average

Demorats being demorats.
 
liberal nonsense
From the Seattle Times: Moving to address income inequality on a local level, the City Council in Portland, Oregon, voted Wednesday to impose a surtax on publicly traded companies whose chief executives earn more than 100 times the median pay of their rank-and-file workers.
The surcharge, which Portland officials said is the first in the nation linked to chief executives’ pay, would be added to the city’s business tax for those companies that exceed the pay threshold. Currently, roughly 550 companies that generate significant income on sales in Portland pay the business tax.
Under the new rule, public companies doing business in Portland must pay an additional 10 percent in taxes if their chief executives receive compensation greater than 100 times the median pay of all their employees. Companies with pay ratios greater than 250 times the median will face a 25 percent surcharge.
The tax will take effect next year, after the Securities and Exchange Commission begins to require public companies to calculate and disclose how their chief executives’ compensation compares with their workers’ median pay. The SEC rule was required under the Dodd-Frank legislation enacted in 2010.
Portland’s executive-pay surcharge will be levied as a percentage of what a company owes on the city’s so-called business license tax, which has been in place since the 1970s. City officials estimated that the new tax would generate $2.5 million to $3.5 million a year for the city’s general fund, which pays for basic public services such as housing and police and firefighter salaries.
Criticism of how much chief executives are paid has risen in recent years as their compensation has grown substantially. In 2015, the median compensation for the 200 highest-paid executives at U.S. public companies was $19.3 million, up from $9.6 million five years earlier.
Comparing such compensation with how much lower-level employees earn is likely to show a very wide gulf. A 2014 study by Alyssa Davis and Lawrence Mishel at the Economic Policy Institute, a liberal-leaning advocacy group in Washington, found that chief executive pay compared with the earnings of average workers had surged from a multiple of 20 in 1965 to almost 300 in 2013.
thomas-piketty
Thomas Piketty (a French economist), a professor at the Paris School of Economics and an authority on income inequality who wrote “Capital in the Twenty-First Century,” said he favored the Portland tax as a first step. “This is certainly part of the solution,” Piketty wrote in an email, “but the tax surcharge needs to be large enough; the threshold ‘100 times’ should be substantially lowered.”

Steve Novick

Steve Novick


Taxing companies that dole out outsize executive pay in Portland was the idea of Steve Novick, a former environmental lawyer who has been a Portland city commissioner since January 2013. “When I first read about the idea of applying a higher tax rate to companies with extreme ratios of CEO pay to typical worker pay, I thought it was a fascinating idea,” Novick, a Democrat, said in a telephone interview. “It was the closest thing I’d seen to a tax on inequality itself.”
Novick, who lost a bid for re-election last month, said he had begun weighing such a tax about a year ago but did not discuss it publicly until September.
Portland Mayor Charlie Hales

Portland Mayor Charlie Hales


Another supporter of the tax is Charlie Hales, the mayor of Portland.  “Income inequality is real; it is a national problem, and the federal government isn’t doing anything about it,” Hales, a Democrat, said in a telephone interview. “We have a habit of trying things in Portland; maybe they’re not perfect at the first iteration. But local action replicated around the country can start to make a difference.” Hales, who did not seek re-election, will leave office at the end of the month.
Portland officials said other cities that charge business-income taxes, such as Columbus, Ohio, and Philadelphia, could easily create their own versions of the surcharge. Several state legislatures have recently considered bills structured to reward companies with narrower pay gaps between chief executives and workers. In 2014, a bill in California proposed reducing taxes for companies whose executives were paid less than 100 times above the median worker. The bill did not pass.
Among those objecting to the new tax was the Portland Business Alliance, a group of 1,850 companies that do business locally. Alliance officials have predicted that the measure would not have the desired result of reducing income inequality.
“We see it as an empty gesture,” Sandra McDonough, the alliance’s president and chief executive, said in a telephone interview. “We think they’d be far better off trying to work with business leaders to create more jobs that will lift people up and improve incomes.” Publicly traded companies, she added, are “an easy group to pick on.”
Hales conceded that the pay ratio is “an imperfect instrument” with which to solve the problems of income inequality. “But it is a start.”
government solve all problems
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Oregon judge says all guns in U.S. should be dumped in ocean


From The Oregonian: As the killer stood before him, Judge Kenneth Walker couldn’t stay silent. “If I could I would take all the guns in America, put them on big barges and go dump them in the ocean,” the judge told the defendant. “Nobody would have a gun. Not police, not security, not anybody. We should eliminate all of them. We could save 33,000 people a year if we didn’t have guns in this country.”
Marcell Lee Daniel Jr. had unleashed 30 bullets during an afternoon drive-by shooting of an innocent man on a North Portland sidewalk. The man, Andrew Coggins Jr., 24, died.
The judge kept going. “Australia after a major shooting rounded up all the guns, and they haven’t had near the death that we do here in this country,” he said.
The judge was referring to tighter gun controls in Australia in response to a 1996 mass shooting by a lone gunman who killed 35. Australia responded by buying back or seizing a million existing firearms and making it more difficult to buy new ones. News reports marking the 20th anniversary of gun reforms state there have been no mass shootings — defined as 5 or more people — since.
“I just saw last night a statistic that 11,000 people in America are murdered each year and another 20,000 commit suicide with guns,” Walker said, referring to figures from the U.S. Centers for Disease Control and Prevention.
“They are a scourge of this country and no one should have one as far as I’m concerned,” he said. “There’s no defense to guns. There’s just absolutely no reason to have them. But it is a right of people in this country to own and possess them, and I will not say anything to affect that right.”
Walker, a Multnomah County Circuit Court judge for nearly 10 years and a criminal defense attorney before that for 25 years, sentenced Daniel to 17 1/2 years in prison.
molon labe
Read the whole story here.
h/t Weasel Zippers
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Judge orders temporary release of illegal who sought sanctuary in church

illegal
KATU: A federal judge has ordered the temporary release of an immigrant activist illegal alien who took refuge at an Oregon church to avoid deportation and was arrested this week on a federal charge of illegal re-entry.
stewartJudge Janice Stewart on Friday ordered Francisco Aguirre to be released while he’s awaiting the start of his trial on Jan. 13. Aguirre pleaded not guilty to his charge in court.
Records show the 35-year-old was indicted by a grand jury in September on the illegal re-entry charge. U.S. Immigration and Customs Enforcement officials confirmed ICE has lifted its detainer on Aguirre, meaning his removal from the U.S. is on hold pending the outcome of his criminal case.
illegal
Aguirre, who came to the U.S. from El Salvador nearly two decades ago, was arrested Thursday at a county court. He was there to settle a case of driving under the influence.
The arrest stems from a past criminal case: Aguirre was deported in 2000 after a drug conviction; he then unlawfully re-entered the country.
Aguirre came to the attention of authorities in August after a DUI arrest. He took refuge at Portland’s Augustana Lutheran Church in September, after authorities tried to detain him at home. The agents did not have a warrant, so they could not enter his home.
Aguirre is among those who have taken sanctuary in U.S. churches in recent years because authorities generally don’t make arrests in places of worship.
illegal2
The father of two children who are U.S. citizens is now the coordinator of a Portland nonprofit that runs a day labor center. His supporters, who include Portland’s mayor, say Aguirre has positively contributed to his community during the past decade and should be allowed to remain in the U.S. with his family.
A crowd of supporters, including the pastor of the church where Aguirre took sanctuary, packed Portland’s federal magistrate’s court to capacity on Friday. Aguirre’s wife, Dora Reyna, wiped away tears in the front row when Aguirre walked in wearing blue jail scrubs.
His attorney, Ellen Pitcher, told the judge that Aguirre did not plan to run. She said he had been “kidnapped, tortured, and otherwise abused as a child” in his country of birth, and had “no intention of taking flight to El Salvador.”
Aguirre’s release conditions include a ban on travel outside Oregon, a ban on changing his place of residence, and surrender of all travel documents. Assistant U.S. Attorney Greg Nyhus, who is prosecuting the case in Oregon, declined to comment.
Nearly all of those sentenced for unlawful re-entry in federal courts received a prison sentence, according to a report by the Pew Hispanic Center. On average, the sentence length for these offenders was about two years.
It’s unclear whether Aguirre will return to the church or will live at home once he is released and awaiting trial.
Aguirre’s immigration lawyer, Stephen Manning, had said Aguirre was in the process of obtaining a U-visa, a special document for violent-crime victims who help authorities investigate or prosecute cases.
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Building Blueprint Illusion.. Kule!

OK , How’s this one?  Mind you none of the descriptions are mine.  ~Steve~

Blueprint Mural in Portland
By Vurdlak on March 19, 2013,
blueprint image1
BluePrint2
 
Browsing Moillusions history articles for a while made me realise we haven’t had that many #murals lately. Not being lazy, I started crawling my repository for something cool that could fill the gap, when this magnificent building appeared right in front of me – the photo depicts a mural of a blueprint, painted on a side of a building that used to be a furnishing store. I really liked it. If you look closely, you’ll notice how the second window from the right (2nd floor) is partially obstructed to maintain the illusion. Not sure if this still exists, but I bet our viewers from Portland can share some insight about the building today. It stands somewhere at the corner of Free and Center Streets, if I did my research right.
https://www.moillusions.com/2013/03/blueprint-mural-in-portland.htm
 

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