Pubdate: Fri, 7 Dec 2007
Source: Argus Observer (OR)
Copyright: 2007 Ontario Argus Observer
Contact:  http://www.argusobserver.com
Details: http://www.mapinc.org/media/4163
Author: William Lundquist
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

DESPITE RISK, CITY GOES AHEAD WITH LEGAL ACTION

Owner of Old School Says She May File Her Own Lawsuit Against Ontario

Ontario - Even as Ontario City Council members explained Wednesday 
why they felt it was necessary to approve a move to file a civil 
complaint against a local merchant, the owner of the business in 
question said she may file a counter suit.

The city is preparing to file a civil complaint in Malheur County 
Circuit Court to force the Ontario business Old School to operate 
within the Oregon Revised Statutes (ORS). The city asserts Old School 
is a drug paraphernalia shop and that the owner, Victoria Miller, 
sold, delivered and possessed with intent to sell numerous products 
constituting drug paraphernalia.

Miller, though, said she will talk to her attorney about filing a $10 
million counter suit against the city.

City Council members admitted they are well aware the city could be 
at some financial risk regarding the complaint against Old School.

Mayor Joe Dominick, though, said risk is worth taking.

"We need to send a message that it is unacceptable in this community 
to sell drug paraphernalia under the guise of a legitimate business," 
he said. "As far as the community as a whole, I don't believe the 
citizens of Ontario want a business that sells drug paraphernalia."

As to what constitutes drug paraphernalia, Dominick said, he will 
rely on the expertise of the city's law enforcement officers. The 
City Council members who spoke with the Argus Observer Wednesday said 
their decision was based heavily, if not entirely, on Ontario Police 
Chief Mike Kee's evidence about Old School delivered in three 
separate City Council executive sessions.

None of them, in fact, ever visited the shop to see for themselves 
what was being sold there. Ontario City Councilman Dan Cummings said 
doing so might have been considered the kind of contact that would 
render them unable to vote on the issue.

"My main reason (for voting for the suit) is the recommendation from 
Chief Kee that we're trying to clean up the community," he said.

He said recommendations from Malheur County District Attorney Dan 
Norris and City Attorney Larry Sullivan also convinced him the suit 
needed to be filed.

"I've seen too much real damage done to society from drugs," Cummings said.

He said he understood anything can happen in court, but the suit is 
worth the financial risk to the city.

"What's a kid's life worth?" he said.

Ontario City Councilman John Gaskill called it a calculated risk but 
said Ontario is a different type of community from most in Oregon, 
with its own values.

"I just feel we don't need this here," City Councilman Bruce Tuttle 
said. "If you took a straw poll around town, of business people, 
teachers, the clergy, there would not be many in favor of a drug 
paraphernalia shop in town."

A big problem, Tuttle said, is that Miller's advertising brings many 
people over from Idaho to buy drug paraphernalia here because a lot 
of it is illegal in Idaho. He said when Kee and Norris came to the 
council with the facts, "we said just go ahead and do it."

Sullivan said a large percentage of what is sold in Old School is 
attractive to those who use illegal drugs.  The goal of the lawsuit, 
he said, is to get Miller to stop selling those types of items.

When the City Council decided it was important for the city to do 
something about the problem, Sullivan said, he felt as the city 
attorney he should assist in the case. He said he volunteered his 
services but will be compensated out of the settlement if the city 
prevails in court.

Kee said one of the reasons for investigating Old School was 
complaints from other downtown merchants about the activity there. 
Jim Griffith, president of the Downtown Ontario Business Association, 
said he did not recall it being an issue raised in meetings but said 
his group is focused on downtown development right now, and the 
current members do not complain to the association about what other 
merchants might be doing.

The City Council members might be surprised to find that Miller 
agrees with them about the use of illegal drugs.

"I don't necessarily condone marijuana because I've seen the effects 
marijuana has on people," she said.

In another, related twist to the story, Darrell Tennant, the owner of 
New Vizions - a downtown business that sells some of the same items 
as Old School - said he has sought advice from his attorney about the 
Old School legal action, in case he becomes the city's next target. 
He said the city closed him down previously because he did not have 
sidewalks or enough greenery around his store.

To those who wonder what else a glass hookah could possibly be used 
for, Tennant said a single stage water pipe removes 50 percent of the 
carcinogens from tobacco, and a multi-stage can remove 70 percent. 
Such devices can cut down on the danger of cancer from smoking, he 
said. His shop also sells flavored tobacco from Egypt that customers 
like to use in the pipes he sells.

Tennant admits to being an advocate of the health benefits of medical 
marijuana and said he knows three of the attorneys who wrote Oregon's 
medical marijuana law. He said some of his customers do use marijuana 
for legal medical purposes, but that he cannot legally ask them for 
proof of their registered status just to sell them a water pipe. Like 
Miller, Tennant said he checks all customers for identification to 
make sure no one under 18 gets in his store. 
- ---
MAP posted-by: Richard Lake