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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Emergency services SOU's first governing board appointed Pot garden odors raise a stink with neighbors Green home helps keep life simple Treatment plant scrutinized for algae growth in Rogue River Crime, Courts and Emergency Services Emergency services Drunk driver who assaulted a police officer sentenced to 75 days in jail Medford sees a surge in bogus bills Man who crashed car then fled found, arrested UPDATED: Traveling nurse who went missing near Crater Lake found Politics and Elections Dotterrer-Bates Senate race goes negative? 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Talent Harvest Festival set for Oct. 4 ... Man who crashed car then fled found, arrested ... Medford sees a surge in bogus bills ... Talent Harvest Festival set for Oct. 4 ... Man who crashed car then fled found, arrested ... OTHER VIEWS An unresolved conflict; A judge declines to say if county laws trump city laws By The (Eugene) Register-Guard MailTribune.com By The (Eugene) Register-Guard Posted Sep. 6, 2014 @ 12:01 am By The (Eugene) Register-Guard Posted Sep. 6, 2014 @ 12:01 am » Social News Can a county ordinance trump a city ordinance? That issue is expected to be tested in Lane County when Eugene’s mandatory paid sick leave law goes into effect for private employers next July — if not before then. The same issue was raised a year ago in Multnomah County when five residents filed suit asking the court to overturn a sweeping gun control ordinance passed by the county commissioners in May 2013. The ordinance prohibits discharging firearms in the county; requires gun owners to report firearms thefts; bans possession of loaded firearms in public places, except for hunters and people with concealed handgun licenses; makes “endangering a child by allowing access to firearms” a crime punishable by a $500 fine and 10 days in jail, exempting gun owners who keep their weapons in a safe; and imposes a 7 p.m. curfew for minors found by the court to have unlawfully possessed a gun. The plaintiffs in the suit said they didn’t disagree with the law’s provisions but argued they should apply only in the unincorporated parts of Multnomah County. Circuit Judge Kathleen Dailey issued her ruling on Thursday. She declined to throw out the lawsuit, as county officials had requested, but found that none of the plaintiffs had grounds to sue. In legal parlance, she said the plaintiffs’ complaints were not “justiciable” — meaning they weren’t triable. Dailey said one of the plaintiffs, from Troutdale, wasn’t subject to the county gun control law because Troutdale passed its own firearms law on July 8 (the county law exempts cities that have their own gun control ordinances). She said a second plaintiff, from Fairview, had no case because he doesn’t own a gun and has no plans to buy one. The other three plaintiffs are from Gresham, which already prohibits discharging firearms within the city. Because of that, and because all three have concealed handgun licenses, Daily said the county ordinance’s provisions on discharging and possessing firearms don’t apply to them. And while the law’s other provisions — endangering children and reporting thefts — might be relevant to the Gresham residents’ complaint, she said they hadn’t shown in what way those provisions injured them. She also said all five plaintiffs had attempted to stand in for the cities in suing the county, which, as individuals, they can’t do. Sick leave isn’t firearms control, and the Lane County/Eugene situation also differs in that the two sides disagree. The City Council approved the sick leave ordinance on July 28. In an attempt to head off the measure, the county commissioners approved three ordinances of their own on July 21; the main one bars any city within the county from passing laws that mandate employment conditions, including wages and benefits. The Multnomah County commissioners were smart to include a proviso exempting cities from its firearms law if they pass city ordinances on “the same subject matter.” That shortcuts many conflicts, as Dailey indicated in her ruling regarding the Troutdale resident. Also, as in the case of the Fairview resident, sick leave opponents in Lane County would do well to make sure any plaintiffs they might select to defend the county’s position actually have a stake in opposing the Eugene ordinance. The issue Dailey didn’t rule on is whether county laws take precedence over city laws. Given that the issue has yet to be definitively adjudicated in Oregon, there’s no way to tell which way a judge or jury might rule. Bruce McCain, the lawyer who represented the Multnomah County plaintiffs, told The Oregonian newspaper he wished Dailey had “addressed the substantive issue of whether the county could impose its will on cities.” Absent that, he said, “It’ll be up to the cities to defend their own residents against what I still see as the county’s unconstitutional encroaching on city business.” By The (Eugene) Register-Guard MailTribune.com By The (Eugene) Register-Guard Posted Sep. 6, 2014 @ 12:01 am » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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