First Amendment at Work in Lakeside,OR
Lightly edited version of original published Page 1 in the Coast Lake News, Wednesday, July 21, 2010
Last Wednesday, Coast Lake News Reported on City Hall’s passage of an Ordinance which handed any ‘designated enforcement official or designee’ the ‘Right of Entry’ upon private property and more than tripled the fines to $750 per violation per day.
We spelled out the secretive measures taken by the Council in the passage of this Ordinance, including lack of proper notice to the public, leaving it off of the Council’s meeting agenda, referring to it only by number and later by title and the lack of any discussion.
Mayor Pro Tem Rod Schilling voted for it as did Councilors Elaine Armstrong, Chrysta Swift, Clark Anderson, Marjorie Kellison, and Mack Eubanks. Rudy Sherych was absent.
In our story, we printed a section of the ordinance that clearly seemed to violate the Fourth Amendment of the U.S. Constitution. That subsection 1.16.111 of Ordinance 10-269 is listed under the boldfaced title “Right to Entry” and reads: “Any designated enforcement official or designee is authorized to enter upon any property or premises to ascertain whether the provisions of the municipal code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official my seek an administrative inspection warrant pursuant to the procedures provided for in Sections (blank space) of this code. The enforcement official will take reasonable steps to notify the property owner or legal occupant of the need to enter upon the property. If the enforcement official determines in his or her discretion that entry is necessary without notification or that notification is not practical, then the owner or legal occupant shall be notified as soon as reasonably possible after the inspection.”
As might be expected, Lakeside residents reacted with everything from astonishment to anger. No Trespassing signs have proliferated around the City — a disconcerting sight for a destination location that depends upon tourism dollars to boost the local economy. This Ordinance was passed just shortly after City Hall began enforcing a ban on RV sleeping in residential areas — a move that is widely seen by residents as harmful to tourism.
No Trespassing Signs Sprout Up Around Lakeside, OR
Despite our printing of the actual wording of the Ordinance, Mayor Pro Tem
Rod Schilling claims in a “Public Message” posted on a local blog that, “Misinformation is being disseminated both in print and verbally regarding Lakeside’s hazard abatement ordinance,” although he neglected to say what the misinformation consisted of.
We stand by our story. One of the reasons that we took pains to print the actual wording and specifically quote the Fourth Amendment and the relevant Oregon Revised Statutes is so that our readers could see for themselves how we came to draw the conclusions we did.
Contrary to what the ordinance specifically says, Schilling writes, “The ordinance does not give any city (sic) the right to violate any citizen’s property rights.”
But, in addition to the section cited above, section 1.16.030 entitled “General enforcement authority” clearly reads, “The city manager, the city attorney, chief of police or their designated enforcement officials have the authority and powers necessary to gain compliance with the provisions of the municipal code and applicable state codes. These powers include the power to issue notices of violation and citations, inspect public and private property and use whatever judicial and administrative remedies are available under the municipal code or applicable state laws.”
In his message, Schilling goes on to call our reporting a “campaign” whose motivation “is not entirely clear at this time.”
Coast Lake News is fine with Schilling’s characterization of our reporting as a campaign. We campaign for ‘open and transparent ‘ government. We believe our motivation for reporting what goes on at City Hall has been clear since the establishment of this newspaper — to accurately report the news and to hold City officials accountable for their actions and decisions.
We have repeatedly offered the Mayor Pro Tem unedited space to answer questions and/or address the public. He has consistently maintained that he cannot take advantage of our offer because, he says, the Coast Lake News ” is not a real newspaper.”
As part of Schilling’s efforts to spin the meaning of the Ordinance, he asks folks to read a response by City Attorney Frederick J. Carleton (also posted on the local blog) given after Schilling contacted him. But, Carleton’s response directly contradicts the rights claimed in the Ordinance which has already been passed.
Carleton writes, “No one on behalf of the city is entering or plans to enter any property, and if that were to be done, it would only be done with court approval, and it would be a very extraordinary situation.”
This sounds very comforting, except, the Ordinance which has the effect of City Law clearly states: “Any designated enforcement official or designee is authorized to enter upon any property or premises….”
Perhaps Carleton recognized this, because he ends his letter to Schilling by saying, “Since these ordinances have been called into question, again, we are reviewing that and we will be back to you very soon.” That was the second time in his short response that he says his office will be reviewing the ordinance.
Meanwhile, copies are available for review at City Hall for anyone who would like to read the entire Ordinance, which is scheduled to become effective August 7th.
