Wasco County Business Alliance vs the State of Oregon?
The Wasco County Business Alliance, headed by Todd Carpenter, owner of The Last Stop Hotel & Saloon, in The Dalles has taken a controversial stance on reopening businesses during the pandemic in defiance of certain COVID-19 guidelines from the state.
Some political leaders, business owners, and community members have come out in support of Wasco County Business Alliance’s efforts to organize a legal defense fund for Wasco County Businesses and look into pursuing a long term damages lawsuit over COVID-19 restrictions.
At the same time, others have said they will boycott businesses that choose to ignore current COVID-19 guidelines and local health officials, such as North Central Public Health District, reaffirmed that they are strongly against reopening businesses without restrictions, citing the current surge in coronavirus transmission following the holidays.
Gov. Kate Brown also warned Extreme Risk Category counties this week about the dangers of reopening too soon. However, despite all of this commentary, it was unclear which local businesses, if any, had decided to reopen in defiance of statewide restrictions, or if action to file a lawsuit is underway. So CCCNews did some digging to find out more. UPDATE: The majority of The Dalles businesses have chosen to continue following state guidelines, and so far the Last Stop Saloon is the only The Dalles business that has reopened.
Overview of State Coronavirus Restrictions on Businesses
Wasco County is currently in an Extreme Risk Category for coronavirus transmission.
Other Oregon counties currently in the extreme risk category include Baker, Benton, Clackamas, Clatsop, Columbia, Coos, Crook, Curry, Deschutes, Douglas, Hood River, Jackson, Jefferson, Josephine, Klamath, Lane, Lincoln, Linn, Malheur, Marion, Morrow, Multnomah, Polk, Tillamook, Umatilla, Union, Washington, and Yamhill counties.
Source: Coronavirus.oregon.gov
COVID-19 Restrictions for business in Extreme Risk Counties currently include:
Bars, Restaurants, Breweries & Wineries
Indoor dining is prohibited. Takeout is highly recommended. Outdoor dining allowed. Outdoor capacity: 50 people maximum. Outdoor seating: 6 people per party and per table maximum, limit 2 households. 11:00 p.m. closing time.
Funeral Homes, Mortuaries, & Cemeteries
Indoor Capacity: Maximum 25% occupancy or 100 people total, whichever is smaller. Outdoor Capacity: 150 people maximum. Recommended: limit services to one hour
Grocery Stores/Pharmacies
Maximum 50% of capacity. Curbside pick-up is encouraged.
Hair Salons, Barbers, & Spas
Allowed
Indoor Gyms & Fitness
Prohibited
Outdoor Recreation & Fitness
Maximum 50 people
Long-Term Care
Outside visitation only
Museums
Prohibited
Offices
Require remote work if able. Close offices to the public.
Shopping Centers & Malls
Capacity: Maximum 50% occupancy. Curbside pick-up encouraged.
Shopping/Stores
50% max capacity. Curbside pick-up encouraged.
Street Fairs & Markets
50% max capacity. Curbside pick-up encouraged
Tattoo/Piercing
Allowed
Theaters
Prohibited
To see a complete list of current COVID-19 guidance and restrictions for Wasco County click here.
To report a compliance violation:
OSHA Online Form
OLCC Anonymous Online Forms
OLCC Anonymous Phone Line 503-872-5218
A timeline of the Wasco County Business Alliance vs the State of Oregon Over COVID-19 Restrictions so far:
December 18th- 22nd, 2020
How it Started, The Creation of Wasco County Business Alliance LLC
Pictured: Last Stop Saloon’s Logo
Todd Carpenter, owner of The Last Stop Saloon, and creator of LoveTheDalles.com, registered a new LLC with the state titled Wasco County Business Alliance LLC on December 18th, 2020. Carpenter said in an email sent to a selection of The Dalles business owners on December 22nd, 2020 that “The Wasco County Business Alliance LLC was created to focus on increasing the economic vitality of all businesses in Wasco County.”
However, the alliance’s sudden formation lead some to speculate on a more specific reason for forming-the creation of a limited liability company from which to file a damages lawsuit against the State of Oregon over COVID-19 restrictions, a December 22nd email sent by Carpenter stated that “The Alliance is creating a defense fund and has engaged representation for our businesses in Wasco County to open safely and stay open as well as pursue a long-term damage suit for businesses impacted by the shutdown with the State of Oregon. We have contracted with Kevin L. Mannix Attorney to represent the alliance.”
“WCBA has contracted with Mannix Law Firm to assist in analyzing and responding to what we consider unfair guidelines and to get clarity around what others in the state are doing. Wasco County Business Alliance has an agreement with Mannix to aggregate information and help us understand our rights and responsibilities for staying open. He’s not defending us right now but he’s getting us in touch with people all across Oregon. ”
Carpenter first connected with Mannix at a Common Sense for Oregon meeting in Portland. Common Sense for Oregon, began calling on legislators to challenge the extension of the governor’s lockdown powers beyond 28 days in June of 2020. “We met him at one of the meetings we attended in Portland,” said Carpenter “His group Common Sense for Oregon is working with businesses all across Oregon to open businesses. He has his pulse on what’s happening across the state. His advocacy group is sharing information with us. ”
Timeline Detour: The Big Political Picture
The news that Wasco County Business Alliance had contracted Kevin L. Mannix to represent them hasn’t set well with everyone. Some community members have taken to Facebook to discuss concerns over WCBA contracting with Mannix, saying he is “playing big political games with rural Oregonians money” that “give nothing back to our communities, except discourse, debt and inequity.” Such strong words encouraged CCC News to do some digging and find out more.
If the name Kevin L. Mannix sounds familiar here’s why:
Pictured: Kevin L. Mannix
Source: KevinMannix.com
Kevin Mannix is a politician and attorney, and a former chairman of the Republican Party of Oregon, who served first as a Democrat in the Oregon State Legislature, and then later as a Republican. He is the Director of the Oregon Shipping Group and Executive Director of the Oregon Port of Willamette. Mannix is also the former president of Salem Catholic Schools Foundation, and Founder of Blanchet Catholic School, and served as Chairman of the schools Board of Directors, from 1995 to 2018. Mannix continues to act as a Board member for both Blanchet Catholic School and Salem Catholic Schools Foundation.
Mannix’s law firm handles business affairs, civil litigation, public policy research, analysis, and advocacy.
Mannix may be best known for his drafting of Measure 11, also known as “One Strike and You’re Out”, which voters passed in Oregon in 1994. An initiative to repeal Measure 11 was on the ballot on November 2000. Oregonians voted 74% against the repeal. The measure was created to try youth ages 15-17 (who committed certain crimes) as adults and created mandatory sentences (including life sentences) for youth who were found guilty. The measure passed despite life sentences for minors having been repeatedly found unconstitutional by federal courts.
The measure is often cited as a key reason for Oregon having the second-highest juvenile incarceration rate in the nation, and arguments that the measure is responsible for lowering crime in Oregon have remained in the realm of commentary as opposed to hard data. In 2017, 230 out of every 100,000 youth ages 15-17 were in jail in Oregon, more than double national averages. Racial justice groups have said Measure 11 has also disproportionally affected youth of color. And in 2009 an Oregon Supreme Court decision ruled that a Measure 11 sentence for a person convicted of her first crime was "cruel and unusual" punishment.
Source: KidsCount.Org Pictured: Map shows number of youth residing in juvenile detention, correctional and/or residential facilities in the United States in 2017. Year(s) 2017 Data Type Rate per 100,000
Source: CommonCause.org To view CommonCause.org’s report on Mannix’s complete political history (updated 2009) click here.
Mannix is probably second most known for his connection to Loren Parks, a Nevada businessman, who lived in Aloha, Oregon until 2002. Some have called Parks “the biggest political contributor in the history of that state”. Parks made his fortune selling ‘medical equipment’ that measures sexual arousal responses in alleged sex offenders and has spent a good portion of that fortune influencing Oregon politics. Parks has contributed over $6 million to various political campaigns from 1996 to 2006 and contributed significantly to signature-gathering efforts for both Bill Sizemore and Kevin Mannix. Although Parks has said that he and Mannix don’t always see eye to eye, they have remained old allies over the past several decades.
Mannix in 2020-2021
Mannix has supported Trump in past years, including this election season, most recently, thanking him for his comments urging governors to allow religious institutions to reopen despite COVID-19 restrictions.
In the past and even more recent present, Mannix has also supported anti-LGBT attorneys such as Ray Hacke of the Pacific Justice Institute, and has worked to be “tough on crime” in ways that have sometimes put him at odds with racial justice groups. He has recently said the press has put too much emphasis on the sentencing legislation he’s passed but has also acknowledged that the system doesn’t work perfectly and that there are people in jail who “shouldn’t be there”.
In June 2020, Mannix’s advocacy group, Common Sense For Oregon, said in an open letter to the legislature that “In essence, the Governor should not be able to exercise emergency powers longer than 30 days unless specifically authorized to do so by the Legislature.”
Mannix told CCCNews “We went to court to challenge the extension of the governor’s lockdown powers beyond 28 days because Oregon Statutes relating to public health emergencies give the governor an initial 14 -days lockdown power which the governor can renew once for 14 days. The Oregon Supreme Court ultimately allowed the governor’s lockdown orders to continue beyond 28 days on the basis that the governor also cited Oregon’s 1949-Vintage general emergency law, which has no time limits. This law was designed for forest fires, floods, droughts, earthquakes, storms, and the like. It was not designed for public health emergencies. We believe the Oregon Supreme Court gave the governor too much lee-way but that decision is final.”
As President of Common Sense for Oregon Mannix drafted a resolution that calls for “the Governor’s emergency powers to be restricted so that the Governor may only provide guidance, without enforcement power, to religious organizations. This means that the Governor may suggest how safe health practices may be followed but may not in any other fashion restrict persons from engaging in religious gatherings or worship.” Mannix is also a Republican Precinct Committee Person, and in June, presented the above mentioned resolutions to Bill Currier, Chairman of the Oregon Republican Party who cast the state delegations 28 votes for Trump. Mannix asked Currier to endorse his resolutions during the Republican State Convention.
Mannix has repeatedly accused Brown of breaking the law by enacting emergency powers to enforce COVID-19 restrictions. However the Oregon Department of Justice, which is representing the governor, has argued the law clearly supports Brown's actions to act using emergency powers during the COVID-19 pandemic.
Mannix also supports movements such as Open Oregon, which seeks to challenge state closure guidelines which are based on local metrics, and instead remain open while following general CDC guidelines for operating. Mannix told CCCNews “we have consistently called on everyone to honor the Centers for Disease Control guidelines. These include use of masks, social distancing, sanitizing surfaces, quarantining of infected people, etc. The guidelines do not include shutdowns of churches and restaurants.”
Pictured: Ray Hacke
Source: PacificJustice.Org
Mannix recently reunited with some of his old allies and a few new ones when he helped Salem lawyer Ray Hacke of the Pacific Justice Institute, connect to churches across the state to include them in a lawsuit against Kate Brown over COVID-19 restrictions. Hacke is known for his conservative values and his involvement in anti-LGBT rights lawsuits, including those involving the rights of LGBT youth and especially for his distaste for the transgender community. (Trigger Warning: The previous two links lead to articles containing hate speech and misgendering.) The Southern Justice Institute has identified The Pacific Justice Institute, where Hacke works as an Oregon LGBT hate group founded in 1997 by Brad Dacus. “PJI and Dacus have compared legalized gay marriage to Hitler and the Nazis’ ascent in Germany; endorsed so-called “reparative” or sexual orientation conversion therapy; claimed marriage equality would lead to legal polygamy and incest; fought against protections for trans children and fabricated a story of harassment by a trans student; and said that LGBT History Month promotes gay pornography to children,” reads the Southern Justice Institute’s bio on the group. In keeping with this narrative Hacke’s biography on the Pacific Justice Institute’s website references LGBT rights as a religious liberties issue,. His bio reads in part: “Hacke can provide legal counsel about a variety of matters related to religious liberty—from tax exemptions for churches and other religious organizations, to LGBT issues.” Hacke’s bio also reads “Religious liberty is one of the chief principles that America was founded on. I felt called to fight on God’s side in the courtroom.”
Mannix has supported Ray Hacke in collecting petitioners for the lawsuit against Kate Brown, including at least 15 churches, Grant County Sheriff Glenn Palmer, and three conservative lawmakers including State Senator Dennis Linthicum (R-Klamath Falls), State Representative Bill Post (R-Keizer) and State Representative Mike Nearman (R-Independence) signed as petitioners.
In reference to this latest lawsuit headed up by Hacke at the Pacific Justice Institute, Western States Center, which watchdogs extremist groups in the Pacific Northwest, told Willamette Weekly that it was “concerned by the firm’s ties”
"We see this lawsuit as another example of a far-right group seeking to exploit this crisis to build political power," deputy director Amy Herzfeld-Copple.
State health officials have expressed concern about reopening churches without restrictions in Extreme Risk Countries saying they have the potential to be “super spreader events” that lead to widespread community transmission of the coronavirus.
CCCNews read some of our research to Carpenter to fill him in on what we’d found. Carpenter was quick to distance himself from anti-LGBT, anti-equity, and pro youth incarceration attitudes and said he was open to accepting other legal advice and representation. Keep reading the timeline, or scroll to the bottom to see more about Todd Carpenter’s response to the Mannix controversy on January 5th, 2021.
Return to the Local Timeline
December 22nd, 2020
Email from Todd Carpenter to Wasco County Businesses
Just days after registering the Wasco County Business Alliance as an LLC, Carpenter sent out an email to over twenty business owners in The Dalles. The email announces increased frustration with coronavirus restrictions, announced new legal representation by Kevin L Mannix and invited business owners to join them for a meeting to join the WCBA, learn more, and discuss their re-opening options.
Pictured: Email sent by Todd Carpenter to 20 of The Dalles businesses.
Read the Email:
“Good Afternoon, you have all expressed interest in knowing what some of us are up to :) Carla and I along with a few business owners have been exploring ways to open safely and remain open. We are disappointed with the current selective rules being used for our businesses which is hurting not only economic vitality in Wasco County but our employees' livelihoods. We believe there is a way for all businesses to open and remain open with our customers and employees health and safety in mind. We have been attending meetings, have interviewed and spoken with advocacy groups as well as lawyers, local law enforcement, mayors, and others in the last few weeks/months.
With that effort in mind we have created the following information to share with you and we ask that you share with other business owners in Wasco County.
Wasco County Business Alliance LLC
DBA: WCBA
PO Box 2688
The Dalles, OR 97058
Contact: Todd Carpenter: 503-705-2889
The Wasco County Business Alliance LLC was created to focus on increasing the economic vitality of all businesses in Wasco County. The Alliance is creating a defense fund and has engaged representation for our businesses in Wasco County to open safely and stay open as well as pursue a long-term damage suit for businesses impacted by the shutdown with the State of Oregon.
We have contracted with Kevin L. Mannix Attorney to represent the alliance. We have material to share and would like to invite you to a webex with Kevin and members of the alliance to discuss options for opening, staying open, and long-term suits that may be available to all businesses in Wasco County affected by the shutdown orders. If you are interested in working with us or learning more we ask that you fill out the attached form and return it to Kevin’s office in preparation for a meeting next week.
The meeting is currently set up for Wednesday 12/30/20 at 10:00 am and will be via video conferencing. Kevin’s group or I will send out an email meeting invite to those of you who fill out the form and return it to Matthew@mannixlawfirm.com.
Making the decision to open will be an individual/business decision. We are all in different circumstances, some of you have months to survive while others have weeks and maybe only days. We also have employees who have not been able to get government help and those employees depend on our businesses to survive.
We hope that you will join the alliance and support the group as we make decisions together in whatever way makes the most sense for your business. This alliance will be the main contact with Kevins office but we do ask that you complete the form below and return it to Matthew soon.
Please feel free to reach out to me if you have questions.
Thanks,
Todd Carpenter
PO Bo 2688
The Dalles, OR 97058
Cell: 503-705-2889
The email then included the following information on how to contact Mannix’s firm:
KEVIN L. MANNIX, P.C.
2009 State Street
Salem, OR 97301
Telephone: (503) 364-1913
Fax: (503) 362-0513
kevin@mannixlawfirm.com
Questions for Businesses with Concerns About the Governor’s Executive Orders
If the business is a client of ours, just get their name and phone number so one of our attorneys can return their call. In all other cases, please get the following:
1. Name of individual.
2. Name of business.
3. Telephone number; work and cell.
4. Email address.
5. Street address.
6. Nature of business.
7. Has any government officer contacted them? If so, name and agency or office.
8. Have they received any citations? If so, attach a copy.
December 28th, 2020
WCBA held in person and video conference meeting at Zim’s Brau Haus to discuss options mentioned in email
Pictured: Zim’s Brau Haus Logo
On December 28th, Todd Carpenter hosted a Wasco County Business Alliance a mix of in person and video meeting for 60 people at Zim’s Brau Haus in The Dalles to discuss the options mentioned in his email.
Columbia Gorge News reported that the first speaker was Sandy Mayor Stan Pulliam, “who has vocally supported movements like “Open Oregon.” Pulliam has recently promoted a coalition of businesses opening on New Year’s at events and on social media.”
Pulliam has said on his public facebook page “We are asking businesses to open safely, by following the Governor’s open orders for one level lower than their county’s current rating. We are encouraging social distancing, masks and sanitizing protocols.” Mentioning that “We can’t promise there won’t be consequences.”
Pictured: Sandy Mayor Stan Pulliam
Source: KPTV
The same day, Little Bear Hill, a four-generation farm in The Dalles, run by Beth and Dylan McManus took to Facebook to plead against other local businesses reopening against COVID-19 guidance from health officials.
“We need our numbers to come down, we need to open safely, and January is not the time to do this. Please remember that to be part of a community means you consider every neighbor, even those of us working hard in the background as essential workers!”
December 30th, 2020
The Dalles Mayor says he will not encourage businesses to break the law but agrees restaurants have it rough.
And on December 30th, 2020 The Dalles Mayor, Rich Mays released a statement on The Dalles Happenings Facebook Page saying:
“There has been a fair amount of comment, conflicting and inaccurate information regarding how your Mayor feels about the so-called January 1st "reopening". Here is my position on the issue.
First of all, I do not think it is appropriate for any Mayor or responsible public official to encourage any business to violate any law or Executive Order of the Governor of Oregon. So, I have no intention of endorsing such action and I so stated to numerous local business owners at a meeting this last Monday, December 28th.
Second, I am of the opinion that restaurants are not being treated fairly compared to other retail establishments like Safeway, Fred Meyer, and the Dollar Tree, all of which I have frequented and experienced the crowds of people. I feel the restrictions outlined for restaurants located in "Extremely High Risk" counties, like Wasco, should be amended to allow these businesses to open consistent with the restrictions for "High Risk" counties. That is, in addition to limited outdoor seating (maximum of 75 patrons), indoor dining would be limited to 25% capacity or 50 customers, whichever is less, with six patrons and two households limited to appropriately spaced tables.
Please understand that I am speaking only for myself and not for any other members of The Dalles City Council. Thank you for your consideration.”
December 31st, 2020
Health Officials Response: North Central Public Health District released a statement asking businesses not to reopen amid a surge in community transmission of the coronavirus.
On December 31st, North Central Public Health District also released a statement that it does not support the immediate reopening of all Oregon businesses (with no restrictions) amid a surge in community transmission of the coronavirus.
“Wasco County currently has a rate of 325 COVID-19 cases/10,000 population, higher than the rates in Multnomah, Clatsop or Yamhill counties. Our local hospital reported 2 COVID-related deaths in the past week, and currently, there are 4 individuals hospitalized due to COVID-19.
Source: Oregon Health Authority
We anticipate an increase in cases over the next 2 weeks similar to the increase after the Thanksgiving holiday, putting additional stress on our local health care system.
We do see the availability of COVID-19 vaccines as a very large step in controlling the pandemic and report that two long-term care facilities in Wasco County were able to vaccinate residents and staff on December 27, with additional facilities and our local hospital having that capacity in the upcoming weeks. We sincerely hope that local businesses will soon be able to operate safely at their normal capacity.
The loss of income is clearly a terrible strain on individuals and businesses, so as much as there can be financial remedies to rectify the situation; NCPHD is in favor of those types of short term solutions.
We encourage residents to show support for local businesses by ordering takeout meals, buying gift cards from local establishments, or visiting the online outlets of local businesses.”
Kate Brown reminds businesses of the consequences of reopening prematurely.
Pictured: Governor Kate Brown
Source: Oregon.gov
On December 31st, Gov Kate Brown also reminded business owners during her press conference that there will be consequences to reopening in spite of COVID-19 restrictions.
“Let me be clear: Local elected officials do not have the authority under Oregon law to disregard my emergency orders or to authorize anyone else to do so,” Brown said. “Any businesses that reopen in violation of state risk-level requirements for their county will be subject to fines and enforcement.”
“I am urging all Oregon businesses to put the health of their communities first by following the guidance we have in place for their counties,” Brown said. “A large majority of businesses continue to do the right thing to protect their communities. However, when Oregonians don’t take COVID-19 seriously and don’t take steps to reduce the spread of the disease, they put all of us at risk.”
January 1st, 2021
The Last Stop reopens its outdoor patio for dining
Pictured: Last Stop Saloon in downtown The Dalles.
On New Year’s Day, The Last Stop posted on Facebook that it had reopened it’s outdoor patio for outdoor dining. Outdoor Dining is allowed by the state even in Extreme Risk category counties, provided that the outdoor capacity is kept to 50 people maximum, is 6 people per party and per table maximum, with a limit of 2 households per table and has an 11:00 PM closing time.
A note taped to the door of the Last Stop Saloon read “These premises are open to customers only, if you are not a customer and wish to enter the premises please call the phone number listed below for an appointment. This establishment follows the Center for Disease Control protocols for safe interaction in regard to the coronavirus pandemic. This includes frequent hand washing, sanitizing, premisis (especially contact surfaces) and respencting physical distancing of six feet. We also provide masks to all our employees. If you are a government agent conducting an inspection our management requests you get a warrant.”
On January 1st, 2021 Sandy Mayor Stan Pulliam also posted to facebook calling for businesses to reopen in defiance of state mandates.
Pictured: Note taped to the front door of The Last Stop Saloon
Pictured: Facebook post from Sandy Mayor Stan Pulliam on News Years Day.
Source: Facebook
January 5th, 2021
CCCNews Interviews Todd Carpenter
Pictured: Todd Carpenter
How many businesses have joined the Wasco County Business Alliance?
We don’t have any kind of membership or anything - it's just a group of business owners who are looking at reopening and opening safely.
Is WCBA pursuing a lawsuit against the state of oregon?
No, we’re just looking at the stuff we’re gathering information for the businesses of wasco county.
Would you reopen without any restrictions?
No, I would never do that.
We want to open with the same CDC rules and regulations that are applied to other businesses regardless of the business sector. Our business has made a point of following CDC guidelines from the very start, in regards to maintaining safety for our customers and staff wearing face masks, washing hands, sanitizing surfaces, and social distancing.
Have you had to lay employees off?
We closed and laid everybody off in March, hoping that everyone could get government assistance and then brought them back once we realized not all of them had access to that assistance. We brought some back and gave everyone equal hours but it’s not cutting it for them.
How has Covid-19 impacted your business?
Well obviously we’re not making any money. We’ve dumped all the money from our restaurants into trying to give back to the community, and the easiest thing for us to do would be to close our doors. We’re putting in our own savings just to keep our employees working- that’s kind of where Carla and I are at. We’re open because our employees need jobs. We’re attempting to carry out and dine in because our employees are struggling at best and couch surfing and homeless at worst. Our heart is with them. We have single moms working two jobs to make ends meet and who can’t get assistance from the government because they make just a little two much but still can’t afford their basic needs. And there are lots of businesses that are facing that same problem.
Carpenter Responds to Mannix Controversy, Says He Stands for Equality
CCCNews asked Todd Carpenter if he knew much about Mannix’s past.
He responded “I don’t know that much about him, no, he’s in touch with a lot of different businesses and groups out there like Open Oregon.”
CCCNews read some of our research to Carpenter to fill him in on what we’d found.
Carpenter was quick to distance himself from anti-LGBT, anti-equity, and pro youth incarceration attitudes.
“From my heart- I am all about equality and treating people like you want to be treated. I’m sorry that Mannix is that person that has those beliefs. We are talking with other lawyers as well and if someone else came forward who was willing to help us, I would love that.”
Carpenter continued, “When I saw the stuff about Mannix online I felt terrible. We’re anything but political. This is not a political thing for me. It’s not that we hate anybody. This is about our hearts and our heart for the community. I didn’t reach out to any Wasco County lawyers because I haven’t seen any that are looking at opening safely and fairly. If there’s a lawyer in town that would help us out that would be great. I just care about our community.”
“Do I like seeing the facebook stuff about him? No. But Wasco County Business Alliance needs the best business and legal advice we can get. We need someone who’s dove into this and has their finger on the pulse of what’s going on across Oregon. There are places that are closed right now, and we don’t have any support. Anybody who’s going to help us out I’m going to take their help. If there’s a lawyer in town who wants to help us out I’m all for it. Mannix has offered that help so we’re going to take it and listen and bounce those ideas off other people who are helping us and give that information to other businesses. Anyone who can give us some clarity around our rights, these rules and changing regulations would be welcomed.” said Carpenter
When asked about his experience dealing with Mannix so far Carpenter responded, “He’s not advocating to be all Wasco County lawyers, he’s just trying to open up Oregon safely. All businesses don’t know how to interpret the COVID rules that are coming from the government as some are different from the CDC and Oregon Health Authority and there’s so much interpretation in those rules- we need to understand what we need to do. We believe the rules are unfair, whether they are or not legally I don’t know. We’re just trying to gather information to find out our rights and what we need to do in order to open safely.”
“I hope we don’t need a lawyer but I’m open to working with anybody if that makes sense,” said Carpenter “This is the first time in my life I’ve ever felt like America wasn’t free and so I’m getting a little taste of how that is. I know others have it worse. I’m sure you (referring to me, the reporter who is a transgender individual) have it worse. I’m always open to learning new things and to getting better at everything.”
“One thing I think I really learned from this is I think most people at their core really have the same core values, they want to be treated equally and fairly regardless of what the environment has given them to work with, they want to work and contribute, they want equal opportunity for everyone, they want a level playing field across the board. And I think almost everyone would agree that we’re not all on a level playing field right now. Whether right or left or in between, we want less government overreach and we want to help our community. If we can all get together on that- instead of all the other stuff and topics that create anger and division- if we can focus on that we can move together in unity and build community.”
Todd Carpenter Publishes Editorial with Columbia Gorge News - Read the editorial here.
January 6th, 2021
Witnesses report Last Stop Saloon was busy with indoor dining last night
Pictured: Patrons dining in at Last Stop Saloon on 01/06/21 7:15 PM
Despite Carpenter's assertions that The Last Stop did not re-open in defiance of COVID-19 restrictions from the state which currently prohibit indoor dine-in in restaurants, several readers have reported seeing customers dining-in at Last Stop Saloon as recently as last night.
One such reader, who wished to remain anonymous, (noting increased political tension across the nation today), reported seeing mask-less patrons sitting at the front of the bar last night, in addition to seeing many folks hanging out at tables, and a person walking from the bathroom area to tables with no mask on, and stopping midway to converse with and pat someone on the back and then move to a table by the window to sit.
CCCNews also witnessed numerous persons sitting and dining in at The Last Stop on Wednesday evening.
So far, Last Stop Saloon is the only The Dalles business to reopen for dine-in despite state guidelines prohibiting indoor dine-in in Wasco County due to COVID-19 metrics surging after the holidays and putting Wasco County in an Extreme Risk category.
CCCNews has reached out to Carpenter for comment.
Pictured Below: The Last Stop Saloon 01/06/21 7:00-7:30 PM
Kevin Mannix Responds to CCCNews’s Request for Comment with Email
A response to CCCNews’s article from Kevin Mannix was first published in the comments on a shared post in The Dalles Happenings Facebook Page by Todd Carpenter on January 6th, 2021 and was later forwarded to CCCNews by Mannix for inclusion in this article.
Dear Cole Goodwin:
Thank you for the opportunity to comment on your article about the Wasco County Business Alliance. Here are my comments:
· Measure 11 is only known as “one strike and you’re out” for those who believe that violent personal crime does not call for imprisonment. Measure 11 is a voter passed law which imposes mandatory prison sentences on persons who are convicted of violent crimes including murder, rape, sexual assault, the highest level of robbery, and the highest levels of physical assault. The mandatory minimum sentences are lower than the average sentences imposed across the United States for similar crimes. But they are tougher than the “sentencing guidelines” adopted in 1989. For example, under sentencing guidelines, the prison sentences for rape in the First Degree would range from 22 months to 66 months. The Measure 11 mandatory minimum prison sentence for rape in the First Degree is 100 months.
· Measure 11 includes a provision that persons age 15-17 who are accused of such crimes would be tried in adult court. With the passage of Measure 11, we successfully established the Oregon Youth Authority (OYA) which was a special correctional program for youth criminals. Almost all Measure 11 youth offenders serve their entire sentence in the Oregon Youth Authority, which focuses on comprehensive rehabilitation.
· The Legislature has now taken youth offenders out of Measure 11 so Measure 11 only applies to persons 18 years of age or older.
· Measure 11 was adopted by a vote of 66% of the voters in November 1994. For the next 10 years, Oregon led the nation in the rate of reduction of violent crimes because we were finally taking the most violent criminals out of action.
· An initiative to repeal Measure 11 was on the ballot on November 2000. Oregonians voted 74% against the repeal.
· I was a Kasich delegate from Oregon to the 2016 Republican National Convention. When Kasich did not have his name placed in nomination, the five of us who were Oregon Kasich delegates voted for Donald Trump for the nomination. I support the appointments to the Judiciary made by President Trump, and I support his defense of the Right to Life and the Second Amendment Right to Keep and Bear Arms. I do not agree with President Trump on a number of other policy matters.
· Common Sense for Oregon did not call for a 30-day time limit on Governor Kate Brown’s Emergency Orders. We went to court to challenge the extension of the governor’s lockdown powers beyond 28 days because Oregon Statutes relating to public health emergencies give the governor an initial 14 -days lockdown power which the governor can renew once for 14 days. The Oregon Supreme Court ultimately allowed the governor’s lockdown orders to continue beyond 28 days on the basis that the governor also cited Oregon’s 1949-Vintage general emergency law, which has no time limits. This law was designed for forest fires, floods, droughts, earthquakes, storms, and the like. It was not designed for public health emergencies. We believe the Oregon Supreme Court gave the governor too much lee-way but that decision is final.*
*CCCNews got the information that it was a 30-days straight from Common Sense for Oregon’s website which is run by Mannix. This information can be found on Common Sense for Oregon’s website: here, here, and here. Quote from Mannix’s Open Letter to Oregon Legislators Regarding the June 24 Special Session: “End all of the Governor’s emergency powers 30 days after any declaration of emergency, and prohibit extension or reestablishment of such emergency powers unless authorized by a majority vote of the House of Representatives and a majority vote of the Senate. This, of course, calls for convening the Legislative Assembly if it is not already in session. Any extension or reestablishment of emergency powers should be limited to 30 days. In essence, the Governor should not be able to exercise emergency powers longer than 30 days unless specifically authorized to do so by the Legislature. In such circumstances the Legislature is also capable of restricting the kinds of emergency powers which may be used by the Governor.”
· I have not been involved in any “anti-LGBT rights lawsuit.” *
*Note: CCCNews never suggested that Mannix has been involved in such a lawsuit, but pointed out he has supported and continues to work with attorney’s such as Hacke who have been involved in such lawsuits.
· You failed to note that we have consistently called on everyone to honor the Centers for Disease Control guidelines. These include use of masks, social distancing, sanitizing surfaces, quarantining of infected people, etc. The guidelines do not include shutdowns of churches and restaurants.
· Anyone who wants to understand our position should go to our webpage: https://www.keeporegonopen.org/ to get an unbiased idea of our position.*
*This webpage is a Common Sense for Oregon project which is run by Mannix.
· As a legislator for over 10 years – both as a Democrat and as a Republican – I was the author of more successful legislation than any other Oregon legislator since Oregon became a state in 1859. I pushed through 135 pieces of legislation to passage in the House and the Senate and to signature by the Governor. Almost all of these laws are still on the books. You can find a list of that legislation on my personal website. No other legislator, no matter how long that legislator may have served, has pushed more legislation that made it into law. I did it by working with both sides of the aisle. In fact, most of my successful legislation passed when I was in the “minority” as a legislator.*
*CCCNews was unable to adequately fact check this statement before publishing this comment.
· I believe in the legislative process, and I am very disappointed that the current legislature has not stepped forward to defend the rights of Oregonians and insist upon appropriate responses to the coronavirus pandemic, despite having been called into special session three times since the Governor began to dictate her Emergency Orders in March 2020.
· The legislature is now about to go into regular session, and one would hope that the legislative leadership will delve into ways to protect Oregonians from the excessive exercise of power by the governor.
Sincerely,
Kevin L. Mannix
Attorney at Law
kevin@mannixlawfirm.com
KEVIN L. MANNIX, P.C. || MANNIX LAW FIRM || 2009 State St || Salem, OR 97301
Tel: (503) 364-1913 || Fax: (503) 362-0513 || Website: https://www.mannixlawfirm.com
Check back at CCCNews for more updates on Business News and Coronavirus Updates in The Dalles and Mid-Columbia Region.
Want to see more content like this?
Take our poll to tell us what kind of content you’d like to see more of.
