Spitting on Tom McCall's grave

It was- and is- a simple tactic. Rather than ignoring the issue at hand, Measure 37, Dave instead in his most recent column chooses to write a slanderous character assassination piece concerning Judge Mary Mertens James, the Marion County circuit court judge that found Measure 37 to be unconstitutional.

Now that the Oregon Supreme Court has ruled for the constitutionality of the Measure, Dave's gloating in this column is nearly audible. From his perspective, you would've thought that Judge James got her degree by mail-order through a Sears catalogue. Dave, the biggest cheerleader for results-based or "activist" judging, derides Mary's ruling against Measure 37 in the Marion County circuit court as a case of extreme activism. That has to be it, right? Surely Judge James was reading an entirely different Oregon constitution when she made the basis for her ruling, wasn't she?

Oh, but the people have spoken- so the iniative should pass, right? The danger of allowing the ability for laws to be written by the public through the initiaitve process means that there is the real possibility that the public will be confused be poorly-worded iniatives, or pass initiatives that defy that state's constitution, as California voters did with Proposition 105 and Washington voters did with Initiative 695.

The rationale Judge James had for her ruling was that the law created two closed classes of land-owners: longtime landowners, favored by the law, and more recent landowners. I'd even go further than that, though- like Dave,-I'm no legal expert. As a state law, Measure 37 comes down squarely on the favor of property-owners, yet affects all Oregonians. The case cited by Dave that was used as an example by the Supreme Court of how Mary's interpretation doesn't really fly as an analogy- "...plaintiffs' theory would mean that the legislature would be precluded from enacting a law benefiting, for example, Vietnam veterans or Gulf War veterans, both closed classes." A law could be passed regarding veteran's benefits, encompassing both 'closed classes', and it wouldn't affect me. But Measure 37 does effect me, and like most Oregonians, even those who voted for it, there are no benefits to be gained by it.

Measure 37 was written and campaigned in such a manner to allow property owners to do whatever they want with their land. Property rights proponentswill cheer, but the farmer who has a trashdump or a gravel pit appear next door may bemoan the lack of protection for their property. Sure, regulators can pay fees approximate to the income lost by a property owner due to a regulation, but the draftees and supporters of Measure 37 knew that local city and state governments lack the funds to pay out thousands of land-use claims. Governments were hemorrhaghing funds in 2004, and are in no better situation today.

So now, with the casting of ballots in 2004 and a swift stroke of the pen afterwards, decades of land-use planning that ensured Oregon would continue to stay the majestic state it is- it was- were tossed out the window. What a fitting way to besmirch the legacy of Tom McCall, Oregon's most land-use visionary of a Governor (and a Republican). Unable to defeat Governor McCall's lasting land-use legacy in 1982 as the man was dying from cancer, foes of land-use planning were able to pull off victory two decades later. Bravo.

Now we have condos proposed to be built in historic neighborhoods where they don't belong; exemptions being sought for gravel pits, mining, and billboards to be erected on farm land; and more than 12,700 acres of prime farmland in Washington County are to be exploited. Post-Supreme Court's ruling, there has been much discussion amongst legislators & The Oregonian editorial board: "What should be done next?"

Here's a radical thought: how about nothing? Let the voters reap what they sow. Our cities will expand exponentially, and taxes will be raised as well. (For a decade, Portland's population growth matched that of Atlanta, GA's. But the area of Atlanta doubled in size, while Portland's only grew 2%. That resulted in a raise of property taxes of Atlanta by 29%, while Portland's fell 22%.) Let the quality of life, and value of their property, diminish to the point that responsible land-use planning is looked upon wistfully. Hopefully, then an organic grassroots campaign to repeal the harmful Measure 37 would be undertaken and responsibility will be re-asserted.

If anyone wonders why they didn't know the effects of Measure 37, they just need to be reminded of the 2004 election and the wealth of information available. Measure 37 was- and is- a sham, and will be remembered as such.

Oregonians will remember Feburary 21 as the day the paradigm shifted. It was the day that a judge's valiant efforts to keep the constitutionally viable legacy of Tom McCall alive and kicking were denied. Rather, it was the day that the collective state of Oregon gathered and spit on Tom McCall's grave.