Group Says They Will Appeal 21-177 Ruling
From Lincoln County Community Rights:
Judge Sheryl Bachart issued her ruling in the case of Rex Capri and Wakefield Farms, LLC vs. Dana W. Jenkins and Lincoln County. After reviewing written arguments and hearing oral arguments on October 9th, 2017, the judge made the determination that Measure 21-177 is invalid based on state law regulating pesticide use.
Affirming the claims of the plaintiffs means the law known as Measure 21-177, enacted by the voters of Lincoln County in 2017 to prohibit aerial spraying of pesticides, has been overturned.
“The fight for our legal, constitutional, and fundamental right of local self-government marches on, and it is going to take the political will of the people to make it a reality if we ever want to stop living under the thumb of corporate government.” said Rio Davidson, President of Lincoln County Community Rights. Lincoln County Community Rights (LCCR) was allowed to intervene in (join) the case. The Siletz River watershed ecosystem, represented by Lincoln County resident Carol Van Strum, also filed to be part of the case, but was denied intervention by Judge Bachart.
In her judgment decision, Judge Bachart said that Measure 21-177 is an adoption of an Ordinance regarding pesticide use and is therefore subject to the preemptive effect of the Oregon Pesticide Act, which prohibits local governments from making any ordinance, rule or regulation governing pesticide sale or use. She therefore overturned the measure. She based the decision squarely on state preemption laws dealing with pesticide use, whereby the state holds authority over local governments.
"We look forward to pursuing the rights to local community self-government in the appellate courts of Oregon.", said Dan Meek, attorney for Lincoln County Community Rights.
At the time of this press release it is not known if the County will appeal the decision. Appeals will be filed by Lincoln County Community Rights and by the Siletz River Watershed, which was denied the opportunity to take part in the court proceeding.