"Disappointed but not surprised that once again extreme ideology has prevailed over common sense and public safety in the Oregon Legislature."
Senate Bill 1573 would have prohibited the distribution of needles within 2,000 feet of Oregon schools and daycare centers. The bill had bipartisan support, but on February 10, a federal judge in a separate syringe restrictions case ruled against the restriction of the distribution of needles that were being passed out by Gather Church in its mobile distribution program.
Lewis County in Washington had banned the group from operating the mobile distribution program. The ban, however, was challenged, and Lewis County had to repeal the ordinance and pay $500,000 in lawyer fees in a settlement, but an official decision on the merits was never reached. The Oregon Coalition of Local Health Officials (CLHO), a left-wing nonprofit group in Oregon, claimed that the settlement in the Gather Church case would also apply to the school restriction case, according to Fox 12.
Because of that, the left-wing group says that the bill has stalled to avoid litigation that they claim would take place under the Americans with Disabilities Act (ADA) if Oregon were to pass a law banning the distribution of needles within 2,000 feet of schools.
Oregon Senator Christine Drazan (R-Canby), who had championed the bill, said in a statement, “Disappointed but not surprised that once again extreme ideology has prevailed over common sense and public safety in the Oregon Legislature. SB 1573 was a bipartisan bill to ensure that kids who walk to school don’t have to step over needles to get there. It would have stopped so-called harm reduction programs from handing out needles within 2,000 feet of a school or childcare facility.
“Tina Kotek’s allies in Salem killed the bill today,” Drazen added. “Oregon deserves better.”
Drazen also added that the ruling in the Gather Church case based on the ADA is disingenuous and that “this concern was not flagged by the Legislative Counsel.”
Senior Deputy Legal Counsel Suzanne Trujillo of the non-partisan Legislative Counsel also said that the order in the Gather Church v Lewis County case is not binding for Oregon. He also added that because the lawsuit was settled, there was no decision made by the court on the merits of the case, and that it doesn’t set a legal precedent.
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