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November 19, 2009 Opinion |
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—Editorial—
This We Think...
Not So Great
We think it was a great idea for the City to take the four candidates who are vying for the City Manager position on a meet and greet tour of downtown Baker City. Picking and choosing an elite few to meet them — not so great. We understand that the city manager is not chosen by public election, but city residents do have an interest in who the council chooses to hire. The people selected to meet the candidates were good choices, and by all means should have had the opportunity to meet them. But we feel that a broader representation of local citizens would have been good for the candidates, and allowing the public at large an opportunity to meet them, rather than just a select few, would have shown that councilors respect and consider public opinion when making their decisions.
Kudos
Kudos to Baker City law enforcement, Fire Department, Emergency Services, St. Elizabeth Health Services medical personnel, and local churches and organizations who came to the aid of victims in a traffic accident on I-84 near Baker City last week. You all did an outstanding job of helping the 16 (2 fatalities and 14 injured) people involved in the accident. The comments we have heard show that Baker City has not only the resources to help medically, but the compassion to take care of all of their needs. We were particularly touched by the nurse who reportedly asked a local volunteer firefighter wondering what he could do to help, if he knew how to pray. The firefighter responded by saying he knew how to do that very well, and did. This firefighter is Jimmy Dickison. It’s nice to know volunteers were covering the spiritual and emotional needs of the victims as well as their physical needs.
Where Were The Flags?
We were disappointed there were no flags waving on Main Street on Veteran’s Day this year, but relieved to find out it wasn’t an oversight. The Rotary does a great job of putting out the flags for these occasions and we appreciate their efforts and time, which is strictly volunteer. A spokesperson for Rotary said the flags used for this purpose are cotton and not considered all weather flags, and as such, flag etiquette states the cotton flags cannot be displayed in inclement weather. It’s our understanding that Mt. Hope Cemetery did not display flags this year for the same reason. Maybe a community fund raiser is in order to purchase at least a few all weather flags?
—Guest Opinion—
Definition of Wheelchair As Relates To TMP
Roy Barnes, retired OSP
This is in response to an article in The Record-Courier Aug. 27, 2009 issue. It is referring to the Aug. 19 Baker County Commissioners meeting, at which The USFS was present. Our reporter asked the USFS Ranger if motorized wheelchairs would be allowed on the TMP’s closed roads. Our reporter was advised in writing of this definition. The following definition applies to Wilderness areas. The area in question is adjacent to wilderness. But are not part of wilderness area.
Sec. 12207. Federal wilderness areas (American With Disabilities Act of 1990 As Amended)
(c) Specific wilderness access
(1) In general
“Congress reaffirms that nothing in the Wilderness Act (16 U.S.C. 1131 et seq.) is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use.”
(2) "Wheelchair" defined
“For purposes of paragraph (1), the term "wheelchair" means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area.”
The following is given in a separate USFS directive: file code:(2350_ohv_atv_persons_with_ disabilities.doc) Regional Recreation Directors
“i” A wheelchair is a device designed solely for use by a mobility impaired person for locomotion, that is suitable for use in an indoor pedestrian area. A wheelchair, even a battery powered wheelchair, that meets this definition is permitted anywhere foot travel is permitted.”
“ii" Designed solely for use by a mobility-impaired person" means that the original design and manufacture of the wheelchair was only for the purpose of mobility for a person who has a disability. This does not include aftermarket retrofit of a motorized unit to make it useable by a person who has a disability. "Suitable for indoor pedestrian use" means useable inside a home, mall, courthouse, etc.”
§ 212.1 Definitions.
“Off-highway vehicle. Any motor vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain.”
The facts as presented in Sec. 12207. Federal wilderness areas (American With Disabilities Act of 1990 As Amended) (c) (Specific wilderness access) the USFS make the claim as stated by them: “no agency is required to provide any form of special treatment or accommodation, or to construct any facilities or modify any conditions of lands.” This raises obvious and serious questions.
Directive: (2350) “Suitable for indoor pedestrian use means useable inside a home, mall, courthouse, etc.” Is this Directive all about “inclusion” or “exclusion”?
1. How can the disabled gain “inclusion” for a safe motorized wheelchair in an “outdoor pedestrian area” on roads?
2. Does closing over 1641 miles of open roads in Baker County provide any form of special treatment or accommodations for the disabled? Is this “exclusion”?
The USFS does modify conditions of lands, when they berm (tank trap), reclassify, decommission, and obliterates these roads. Is this special treatment or accommodation for the mobility impaired as well as their escorts or is it “outright intentional exclusion”?
The USFS allows for other safe modes of transportation, like bicycles, and snowmobiles for the able bodied on these roads why not safe wheelchairs for the disabled? In Directive: (2350) It states: “This does not include aftermarket retrofit of a motorized unit to make it useable by a person who has a disability.” Does this single out the disabled, by only allowing unsafe equipment to be used by them?
3. Do these definitions, directives, policies, or regulations enforce or encourage “inclusion” of the disabled as required by Constitution, the Civil Rights Act, the Americans with Disabilities Act. As amended by congress and signed into law by the President on Sept. 25, 2008?
4. What is meant by the “Full force of the U.S. Government and Congress” as stated in the ADA?
5. Does this show enthusiasm on the USFS part to “include” or to “exclude” the mobility impaired and those with a “relationship or association with a disabled person”?
6. In the USFS publications they state that safety is a primary concern, are the disabled more safe on roads that are more heavily traveled, or are they better served on roads with less “mixed traffic”?
What is the accident record in Baker County for the disabled using ATV’S on “ML1” roads, as compared to “ML2, ML3,ML4, and ML5” roads? Does a safe motorized wheelchair need to be defined by the USFS as a “Off Highway Vehicle” or "Suitable for indoor pedestrian area"?
Sec. 12103. Additional definitions (American With Disabilities Act of 1990 As Amended)
“As used in this chapter”
(1) “Auxiliary aids and services
The term “auxiliary aids and services” includes
(C) “acquisition or modification of equipment or devices; and”
(D) “other similar services and actions.”
Some Oregon State Laws that apply
801.385 “Pedestrian.” “Pedestrian” means any person afoot or confined in a wheelchair. [1983 c.338 §69]
Next article to cover: ADA Findings and purpose, Definition of Disabled, Acquisition or modification of equipment, and devices.
—Letters To The Editor—
Where Were The Flags?
To The Record-Courier:
Today I write with sadness to express my sincere disappointment as I drove down Main Street, returning to my home from a Mt. Hope Cemetery visit to pay respect, gratitude, and honor to my father-in-law, Richard H. Gushman (Dick Gushman to many residents) on this national day of remembrance of our past and present veterans.
It was with heartfelf sadness I realized I did not see one American flag displayed outside any local businesses, whether large or small. I acknowledge the gratitude advertisements by the businesses earlier in the week due to the current schedule of newspaper circulations, but still to see rural downtown America, especially in Baker County, devoid of any American flag on Nov. 11, Veterans Day 2009, was shocking to me!
As I made my tour of neighboring streets to my home, I remained saddened as most homes did not display the American Flag either, even though two years in a row, on the 4th of July, a local business and the Baker High School cheerleader volunteers have distributed free to each home a small red, white and blue American flag on a display stick.
It takes such a small amount of your time to say or show a thank you to the individuals who have sacrificed in many different ways to protect our freedom, values, and history, that I cannot even begin to understand why there were no flags on Main Street, Baker City, Baker County USA today! Can anyone explain that to me? What is the cost of an American flag? Minimal, compared to not having the privileged right to display it!
If you valued the protected rights you have as a citizen of this country, please consider my thoughts and show some evidence of American patriotism by not hesitating to display Old Glory in a proper, respectful manner.
Cheryl A. Gushman
Baker City
Rotary Couldn’t Put Out Flags Due To Weather
To The Record-Courier:
Regarding the American flag not being flown on Veterans Day, I felt a need to shed some light on the situation. Baker City Rotary provides a service to businesses and residences in Baker City. For a fee of $30 per year we provide a flag at your location, put it out in the morning, and take it down before dark. This process involves about twenty volunteers for each holiday to tranport the flags and place them for the day and pick them up at night. We try very hard to be totally in line with the flag codes of the United States of America and the United States Department of Veterans Affairs, which states, "The flag should not be subject to weather damage, so it should not be displayed during rain, snow and wind storms unless it is an all-weather flag." So as a matter of respect to the US Flag we have to make the decision from time to time to not display them. We base the decision on weather forecasts, and it was very windy and it did rain off and on throughout the day.
If you would like to participate in Baker City Rotary's flag program feel free to contact us at www.bakercityrotary.org. Click the email link at the bottom of the home page and send us a note. We will then contact you to begin this service for you or your business. Funds raised are used to support local and international projects. Baker City Rotary is a service club that is part of Rotary International. Rotary is a worldwide organization of more than 1.2 million business, professional, and community leaders. Members of Rotary clubs, known as Rotarians, provide humanitarian service, encourage high ethical standards in all vocations, and help build goodwill and peace in the world.
There are 33,000 Rotary clubs in more than 200 countries and geographical areas. Clubs are nonpolitical, nonreligious, and open to all cultures, races, and creeds. As signified by the motto Service Above Self, Rotary's main objective is service—in the community, in the workplace, and throughout the world.
Ken Krohn
Flag Committee Chairman
Baker City Rotary
Take An Interest In What Is Happening In Our Government
To The Record-Courier:
It’s taken me a long time to decide to write again, but the happenings have sparked a fire in me which I will explain. First, I’m shocked not surprised to see so few people in Baker and La Grande not interested in what is happening with our government today when if the wrong comes out, it will heavily affect you and yours.
Some still have their head stuck so far into the sands of unbelief, not realizing their biggest part is being destroyed. If you have not heard not only the warning from other countries on gun control, but also government-run health control where have you been? It’s a fact we need to fix what is broken, but we don’t need thousands of pages, not read, not understood by anyone, or explained.
Seniors, you have the opportunity to have your voice heard here in Baker, but you need to join with others at meeting and in between meetings. (Tea Parties.) American for prosperity meetings, which none of these are Democrat or Republican slanted.
Four hundred million to be taken out of medicare, which means you pay more to see a doctor if you can find one because they will be paid less to see you. Some will not even take Medicare case anymore. There’s talk of taxing hip implants, knee implants, pacemakers, etc. The government will have complete control of one-sixth of all health care situations even when there is no provision for such in the Constitution for this kind of control. Freedom of Choice - where did it go? Young people, you’re not off the hook either. Buy into this plan or face a stiff fine, maybe even jail time. You become a criminal. When are we as the people going to stand up with others against this out of control government that pays little attention to our Constitution anymore?
The military should have acted on this Major at Ft. Hood, not hid it behind their walls. We have bought into political correctness not wanting to rock the boat, take a stand, that it’s costing lives. We have blinded ourselves to the truth, not realizing we are at war for our very survival. Are their peace loving Moslems in the United States? Yessssss, yessssss I’m sure there is! A survey in 1991 said 82 percent said they would not support America in Iraqi; 62 percent would not back us in Desert Storm or against any Egyptian or Moslem country. Right now there are more Moslems in the United States than Assembly of God. Many Moslem, like many Christian, I hate to say, now what’s in their book, but chose to deny its teaching. The Koran said (Seri. 5:85) “No contact between Moslem and none Moslem.” (Seri 9:5) “Fight, slay the pagans where you find them, lay in wait for them, belittle them in war.” You and I are pagans according to the Koran. (Seri. 9 and 5) “Enslanve the Christian and Jew wherever you find them.” (Seri. 4:157) denies the death of Jesus Christ. Denies his deity. (Sri. 9:34) “The Christian calls Jesus the Son of God. Allah’s curse be on them.” (Seri. 5:75 ) states that the Son of Mary was no more than a messenger. Islam is not a sister faith.
Richard Fox
Baker City
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