jakebigham
enough.
-Jake Bigham
On Jun 25, 2006, at 9:34 PM, John Lombard wrote:
> It looks like he still doesn't get it. It doesn't matter if you
> think you could
> win this case in front of a judge. The point is that you, with your
> individual
> action could be seen by someone that objects to this. Thus, your
> individual
> action could cost all of OBRA a place to race. You won't change
> that with your
> knowledge of the law.
>
>> -----Original Message-----
>> From: Bradley Ganz [mailto:brad@ganzlaw.com]
>> Sent: Friday, June 23, 2006 7:50 AM
>> To: cmurray@obra.org
>> Subject: Putting this matter to rest with a clear record
>>
>> Dear Candi,
>>
>> Since this matter will not rest easily, and because certain Mssrs
>> O'Hair and
>> McLaughry have gone on record making statements and comments that
>> are the
>> products of misinformation and overactive imaginations, I have
>> looked at
>> Oregon Statutes and Portland Ordinances and did not find any law that
>> specifically prohibits public urination. Accordingly, it is not
>> illegal per
>> se to pee outside.
>>
>> I did find state laws against public and private indecency, and it
>> would be
>> possible for public urination to fall under those if other
>> elements of
>> intent and conduct were present. Among the required elements is
>> "the person
>> [must] expose[] the genitals of the person with the intent of
>> arousing the
>> sexual desire of the person or another person". (The statutory
>> sections are
>> reproduced below in full text. To say that my conduct had arisen
>> to this
>> level would be an outrageous lie.) Mr. O'Hair's suggestion that this
>> occurred under the grandstands is false. It occurred behind the
>> grandstands
>> AND AWAY FROM THEM, BEHIND A TALL STRUCTURE--I wanted to be out of
>> view and
>> do not believe anyone could have seen anything but possible my
>> clothed back.
>>
>> As for new rules, I suggest an amendment to the provision on
>> unsportsmanlike
>> conduct. Simply add that "indecent conduct at an event site or
>> during an
>> event" is also prohibited. You can leave it vague or be more
>> specific and
>> state that indecency shall be determined under the state laws. A
>> variation
>> of the language could prohibit "inappropriate or offensive conduct
>> at an
>> event..." There will always be grey areas in any rule, but this
>> approach
>> will give you a reasonable solution that fills a missing gap.
>>
>> Finally, I would like to conclude by stating that I find your
>> silence in
>> view of comments from the above mentioned individuals unbecoming
>> of your
>> position. The comments are outright vulgar and condemn the entire
>> Guinness
>> Team that had nothing to do with this matter. You should be the
>> voice of
>> reason. Instead you expressed agreement with at least McLaughry's
>> vulgarities and defamations. I would hope that you could be better
>> than that
>> in the future.
>>
>> Once again I apologize for my indiscretion and how much trouble
>> this has
>> caused you and others, especially my team.
>>
>> You are welcome to share this message with the OBRA community.
>>
>>
>> Sincerely,
>>
>> Bradley Ganz
>>
>> 163.465
>> Statutes and Session Law
>> TITLE 16. CRIMES AND PUNISHMENTS
>> Chapter 163 - Offenses Against Persons
>> 163.465 Public indecency.
>> 163.465 Public indecency.
>>
>> (1) A person commits the crime of public indecency if while
>> in, or in
>> view of, a public place the person performs:
>>
>> (a) An act of sexual intercourse;
>>
>> (b) An act of deviate sexual intercourse; or
>>
>> (c) An act of exposing the genitals of the person with the
>> intent of
>> arousing the sexual desire of the person or another person.
>>
>> (2)(a) Public indecency is a Class A misdemeanor.
>>
>> (b) Notwithstanding paragraph (a) of this subsection, public
>> indecency
>> is a Class C felony if the person has a prior conviction for public
>> indecency or a crime described in ORS 163.355 to 163.445 or for a
>> crime in
>> another jurisdiction that, if committed in this state, would
>> constitute
>> public indecency or a crime described in ORS 163.355 to 163.445.
>> [1971 c.743
>> §120; 1999 c.962 §1; 2005 c.434 §1]
>> Lawriter Corporation. All rights reserved.
>>
>> The Casemaker Online database is a compilation exclusively
>> owned by
>> Lawriter Corporation. The database is provided for use under the
>> terms,
>> notices and conditions as expressly stated under the online end
>> user license
>> agreement to which all users assent in order to access the database.
>>
>>
>> 163.467
>> Statutes and Session Law
>> TITLE 16. CRIMES AND PUNISHMENTS
>> Chapter 163 - Offenses Against Persons
>> 163.467 Private indecency.
>> 163.467 Private indecency.
>>
>> (1) A person commits the crime of private indecency if the
>> person
>> exposes the genitals of the person with the intent of arousing the
>> sexual
>> desire of the person or another person and:
>>
>> (a) The person is in a place where another person has a
>> reasonable
>> expectation of privacy;
>>
>> (b) The person is in view of the other person;
>>
>> (c) The exposure reasonably would be expected to alarm or
>> annoy the
>> other person; and
>>
>> (d) The person knows that the other person did not consent
>> to the
>> exposure.
>>
>> (2) Private indecency is a Class A misdemeanor.
>>
>> (3) Subsection (1) of this section does not apply to a
>> person who
>> commits the act described in subsection (1) of this section if the
>> person
>> cohabits with and is involved in a sexually intimate relationship
>> with the
>> other person.
>>
>> (4) For purposes of this section, "place where another
>> person has a
>> reasonable expectation of privacy" includes, but is not limited to,
>> residences, yards of residences, working areas and offices. [1999
>> c.869 §2]
>> Lawriter Corporation. All rights reserved.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
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