By Order of the Queen Governor of Oregon – Your Dining Hall is now confiscated.

The Issue:

Can the government (State or Federal) close services by private companies for an indeterminate amount of time? Not in Oregon! When does public safety trump personal freedom? It should not. Yet here we are. Forced isolation – When does Sequester/Quarantine become worse than the disease?  Let’s take a look!

Is what you die from this important?

Economy and mental health seem to be snakes swallowing each other. When people are happy the economy is strong, when the economy goes down, mental health suffers.  Last year in Oregon there were 844 suicides.  That is an average of 70 a month.  Every month.  As of April 13th, 2020 Oregon has lost 52 people. 4 In the last 24 hours.

Now that is terrible.  But what are the odds of suicide has increased over the last month of quarantine?  I have asked the Oregon Department of health for the 2020 statistics by month.  But they have not had time to supply those yet.  Oddly I have found no reliable monthly tally of that information. I will end up doing a blog on mental health in the future when I have facts to provide.

Governor Brown has signed 15 Executive Orders (EO) as of the date of this writing (04/13/2020).  Most of them for set amounts of time.  EO20-06 Specified that the restaurant dining room and facilities be closed for 30 days. On April 7th, Governor Brown extended that order, in its entirety for an indefinite period.

It seems to me this is a bad idea for many reasons.  Do we need to continue to distance ourselves and wash hands?  Sure.  If somebody has health issues should they remain sequestered? That would be reasonable.  But if we don’t start looking at how to safely navigate a world full of pandemics waiting to happen, the better.

The Promises:

The hope of a vaccine or cure is good but a vacant promise.  When HIV was first discovered in the population, it was promised but never found.  HIV First made an appearance in 1968.  During the 1970’s it was considered a pandemic (it still is) and billions have been poured into its cure.  We do have reliable tests, but no vaccine nor anything resembling a cure.  Sure we can prolong the life span of the infected.  But it can’t be cured.  So even science can’t deliver on these kinds of promises.

Welcome to the new reality. 

So what next?

Oregon has this covered.  There is no law to change, it just needs to be applied.  If the State confiscates property, they must compensate the citizen or company.  It seems that Governor Kate Brown has stolen your facilities if you are a dine/Drink- in a facility. If I were you, I’d send the state an invoice for renting out your service areas for March 17th to April 21st.

Oregon Statute(ORS) 433.441(5-6):
(5) A proclamation of a state of public health emergency expires when terminated by a declaration of the Governor or no more than 14 days after the date the public health emergency is proclaimed unless the Governor expressly extends the proclamation for an additional 14-day period.

(6) When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation from the state. [2003 c.555 §1; 2007 c.445 §23; 2013 c.332 §3]

It seems to me, that specifically for a health emergency, the Governor can not set these emergency powers for more than 14 days. It also seems to me, by declaring dining rooms off-limits, and making no state effort to decontaminate or re-open them, she is “Taking possession of” the dining areas.

If I were a lawyer, and I am not, I would see if there is a class action suit just waiting to happen.

I am not interested in breaking the quarantine, not because I am afraid of the state, but if I spread this to somebody else, I would be very unhappy.  It is the uncertainty that causes stress because I don’t know if I have it.  So maybe staying quarantined until we do have at least an antibody test if you are at risk, is a good idea.  There are no guarantees, people in their 20s have died from this.  And some did not seem to have any co-morbidities. But the odds at this point are 0.338 to 100. Or if you want a sensational number 296 to 1 of contracting SARS-CoVid 2(CoVid-19, CV19).

You have to decide if it worth the risk.  But in a free country or state, it should be your choice.

Notes:

* Not signed by the Secretary of State – Bev Clamo.
A full list of Executive orders 2003 to Present. Downloadable PDF of the signed orders.

Gregor - Back from the brink! From there and back again. A spiritual Hobbits journey.