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FOLLOW-UP Accused pot growers scored a minor victory Tuesday, March 16, when a Multnomah County judge ordered the Portland city attorney to reveal the details of secret police surveillance of a Southeast Portland business. Circuit Court Judge Michael Marcus' decision came in response to motions filed by 16 defense lawyers who say their clients were illegally investigated by the Portland Police Bureau's Marijuana Task Force. Police used a trap-and-trace device for at least three years to record the numbers of all incoming calls to American Agriculture, which sells indoor growing equipment. Police used those phone numbers to target potential suspects for investigations ("Knock, Knock, You're Busted," WW, March 10, 1999). Defense lawyers contended that the trap and trace was illegal--an argument Judge Marcus wasn't ready to buy. "It is perfectly plausible that all of the trap-and-trace evidence was lawfully obtained," Marcus said. Nonetheless, he agreed that in order to properly represent their clients, the lawyers are entitled to see the evidence they seek to challenge. Defense lawyers were pleased with the decision. "The camel's nose is under the tent," defense lawyer Philip Lewis said after the hearing, noting that Tuesday's ruling was the first step in getting charges against their clients dismissed. But it's not time to light a celebratory joint yet. The city, which is fighting the release of the documents, was given a March 29 deadline to decide what to do. City officials have four options, none of which is any guarantee of victory for the defense. First, the city can appeal the ruling directly to the state Supreme Court. Second, it can comply with the order and release the documents. But even if the defense lawyers can prove the trap and trace was illegal, the law doesn't necessarily require that the illegally seized evidence be thrown out. Third, the city can concede, for argument's sake, that the trap and trace was illegal. Again, the defense lawyers would still have to convince a judge that their clients' cases should be thrown out. Finally, the city can ask the district attorney to dismiss the cases
against the defendants. This seems unlikely because the police have
been using the device for at least three years, so other marijuana defendants
are likely to make similar arguments. "I imagine if this is successful,
people would come out of the woodwork," says Deputy District Attorney
Mark McDonnell. A Note of Solidarity WW has learned that prolific local author Ursula K. LeGuin has urged store owner Michael Powell to recognize the union effort. The noted science-fiction writer shared her views in a letter sent to Powell in January, when the International Longshoreman Warehouse Union increased its organizing activity among the 300-some non-management bookstore workers. At press time, LeGuin was out of town and could not be reached for comment. Neither the union nor the management would provide WW with a copy of the letter, but sources who have seen it say LeGuin struck a cordial tone, reminding Powell of their shared love of literature and stating that she'd prefer to shop in a store where she knew employees were fairly represented. Powell's general manager Miriam Sontz says her boss, who opposes the union drive, responded to LeGuin's letter, "thanking her for her thoughts and appreciating her interest in the future of our business." Mastering
Ticket Fees Last month Rep. Ryan Deckert planned to go Williams' concert at LaLuna. Like many folks, he called Ticketmaster. First he was told there would be a $9 service charge for each of the two $25 tickets. Then, he says, he had to sit through an irritating sales presentation before the deal could be closed. "I hung up the phone after an incredibly unpleasant experience and said, 'There has to be something we can do to reign in Ticketmaster,'" he says. So he drafted a bill. House Bill 2728 would limit service charges from ticket contractors such as Ticketmaster and Fastixx for events at venues built with public funds, including the Rose Garden, the Arlene Schnitzer Concert Hall or Memorial Coliseum. Charges could not exceed 15 percent of the ticket's face value. Currently, the charges can be significantly higher. For example, tickets
to the March 29 Billy Joel concert at the Rose Garden cost $39.50. Ticketmaster
adds a $6.50 convenience fee per ticket plus a $4 handling fee per order,
totaling a 27 percent surcharge over face value. Fees for the Alanis
Morissette concert March 30 pencil out to a 40 percent Tom Lasley, owner of the Oregon Ticketmaster franchise, was unavailable for comment. David Leiken, president of Fastixx and Double Tee Promotions, says the limits could put him out of business. "Fifteen percent doesn't cover your costs adequately to make a profit," he says. Although other states have tried similar legislation, none has been successful. Deckert is sure ticket companies will fight his bill, which is slated for a hearing Friday. "Some lobbyist here is probably going to get a real good contract on this," he says. --Patty Wentz Operation "Asian
Screw"? New Carissa: With careful study, the name of the cursed Japanese freighter reveals the anagrams "CIA rawness" and, perhaps more telling, "Asian Screw." Taiheiyo Kaiun Co. Ltd.: Shuffling the letters in the name of the ship's Toyko-based owners confirms the agenda: "CIA duel a hit in Tokyo." Sea Victory: The out-of-state tug chosen to pull the
ship's bow section was plagued by bad luck--or was it really "A Soviet
Cry" on a mission of Coast Guard: They've been cast as the good guys, but was their real mission to "drug a coast" with a dose of toxic petroleum? Snowy Plover: When looking at conspiracy theories, everyone's a suspect--even the victims. We were saddened but not surprised to learn that the poor bird is really a "loveworn spy."
Why,
There Oughta Be a Law...
HOUSE BILL 4009 * RELATING TO RESTLESS NATIVES BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON: SECTION 1: Whereas Oregonians who happened to be born somewhere outside this state's borders have the right to reside here without comments about what they can and can't say about the weather or any other topic ("There Oughta Be a Law," WW, March 10, 1999): (a) Any so-called "Native Oregonian" who is neither a partial nor direct descendant of any Pacific Northwest Native American tribe should be barred from discriminating against, slandering or otherwise creating bias against any so-called "New People" (specifically, residents of Oregon having lived here less than 21 years). (b) Any person who violates this ordinance shall be clapped into a public stockade (to be erected in a public place such as Pioneer Courthouse Square); subjected to ridicule by commoners, small children and animals; and pummeled with tomatoes, oranges or any other organic substance that displays the offender's "fruity" attitude. This week's amateur legislator, Serena Appel of Southwest Portland,
wins dinner for two at Sweetwater's Jam House.
Last week, Emerson received an electronic chain letter urging users to subvert MTV's Total Request Live. TRL, a top-10 video countdown determined by viewer votes, is currently strangled by teen pop faves the Backstreet Boys, N'Sync, Brandy and Monica. The e-mail Emerson received urged critics to vote for the New Kids on the Block classic "Hangin' Tough." The ballot-box stuffing was aimed as a message to MTV from twentysomethings fed up with the conglomerate's propulsion of vacuous chart-toppers. On March 10, the decade-old beefcake anthem hit No. 2 on TRL. To consolidate voter influence, 26-year-old Emerson has dedicated a Web page to the MTV subversion (www.rickemerson.com/trl). This week, the site collected votes for Twisted Sister's "We're Not Gonna Take It." Emerson, whose show airs noon-3 p.m. weekdays on KOTK 1080 AM, believes that the brewing grudge match between underground voters and MTV honchos could "stoke a lot of zeal in the audience." If MTV is smart, he says, it will play along. But he expects officials to change the voting system instead.--Christina Melander
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