Lakeside, Oregon decides that the 4th Amendment doesn't apply here
By Jessica Lloyd-Rogers of Lakeside, Oregon. Jessica is the editor and publisher of the Coast Lake News, a weekly print newspaper that serves Lakeside and the surrounding area.
With unintended irony, the Lakeside City Council unanimously voted in their July meeting to violate residents' Fourth Amendment rights when they passed an ordinance which allows city officials or designees to enter private property at will to search for code violations without a prior complaint.
Despite public comments from City Attorney Frederick J. Carleton that, "We are not after the money, we are after curing the problem,"the new ordinance also more than tripled fines from $200 per day per violation to $750 per day per violation.
To be fair, it is possible that the Mayor Pro Tem Rod Schilling, Councilors and the City Attorney did not intend to violate the U.S. Constitution or "go after the money". Those portions of the ordinance might have been an oversight that could have been discovered and changed with input from the public. That input was prevented by the secretive actions surrounding the adoption of the ordinance.
There was no public notice and the item was not listed on the agenda. Brought up under "Items Not on the Agenda" the Ordinance was referred to only by number and once by title before being immediately adopted without discussion.
Not content with violating the Fourth Amendment and Oregon's Public Meeting Law, the Council's procedure violates the City Charter and continues a pattern of secrecy and targeting citizens. And, of course, these are the folks who all ran on a platform of 'open and transparent' government.
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July 22, 2010
Posted in guest column. |
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10:40 a.m.
Jul 22, '10
As local gov't seeks more $$, I expect to see more egregious trampling of citizens rights.
3:15 p.m.
Jul 22, '10
If it's that clear, I would think that the AG's office and/or the County DA would be willing to address this issue.
4:12 p.m.
Jul 22, '10
To be fair, it is possible that the Mayor Pro Tem Rod Schilling, Councilors and the City Attorney did not intend to violate the U.S. Constitution or "go after the money".
And if anyone believes that I have a bridge I'd like to sell ya.
4:22 p.m.
Jul 22, '10
Warrantless searches carried out under non-exigent circumstances by non-law enforcement personnel? There is no way in hell that is legal or constitutional. Full stop. Whoever serves as legal counsel for the city of Lakeside ought to be disbarred for allowing this to get anywhere near the city council.
2:16 p.m.
Jul 23, '10
I've got news for Lakeside Oregon. This law is unconstitutional. There are are several 9th Circuit court cases out of California supporting this point. See For example, Conner v. City of Santa Ana, 897 F.2d 1487(1990.
12:55 p.m.
Jul 23, '10
THe Question I have is does this violate the Home Owners rights. It seems like the city is thinking that you are guilty unless you can prove your innocence. Does not sound like these Politicians beleive you are innocent until proven guilty.
2:03 p.m.
Jul 23, '10
Well, this is a lawsuit waiting to happen. Please report back the results when this blows up...shouldn't take long.
5:23 a.m.
Jul 25, '10
Maybe once the mayor and city council realize that they could also be personally named on the lawsuit, they will desist this nonsense. They have been trying to alienate the citizens of this town for a long time. I have a friend who is searching for a house to buy and he is NOT looking in lakeside, because of the political climate there
11:02 p.m.
Jul 23, '10
Lakeside has a large transient population and I would venture to guess consists of way over 50% vacation type homes surrounding the lake. Not hard to believe that code violations may exist when alot of those homes have no other access except by boat ...another good example of why the 4th amendment exists ...it's not just to protect us from law enforcement but also code enforcement.
Didn't Obama also promise to put in place the most transparent administration ever? Funny how it sounds so good when you say it and aren't elected yet and it sounds so bad when what you are trying to do after you are elected is of such a nature you need to hide it
9:12 p.m.
Aug 17, '10
Invasion of private property is getting too easy. There are cities now using Google Earth to find violations. Pools or sheds in backyards, otherwise hidden from public view, if placed without permits can be fined without leaving City Hall. Property owners who have kept their hobbies hidden in the back yard and garages may find themselves looking for a definition for garbage. "One man's garbage is another man's treasure..."
7:31 p.m.
Oct 15, '10
I live in Lakeside and believe me they HAVE done this and more!!! With the pro term Mayor up for election he now has started to pick on the seniors by raising their rent by another $165 more a month, the seniors now pay $300 a month. What the city needs to see is that IF they get this for even ONE month it would shut down the whole city. The city CAN NOT GET MORE THEN 6% then their projected income for the month.They also by law must reopen the budgetand hold public meettings on this. They have done nothing but go after more money from the seniors.