News from: September 15, 2016
Good News! Motion Denied!
A judge in Josephine County has denied a major Big AG political lobbyist his attorney fees seeking to recover more than $29,000 from local non-profit Oregonians for Safe Farms and Families (OSFF) and organic seed company Siskiyou Seeds.
In the outrageous motion, Plaintiffs attorney sought to recover his attorney fees for his efforts to overturn a democratic vote-enacted law that created the 9th GMO FREE ZONE in the USA.
Thank you Judge Wolke for this sound ruling which reinforces the will of the people of Josephine County and further gives merit to the defense on behalf of the Intervenors.
Their attorney’s goal was to create a ‘chilling effect’ toward voters of counties who may want to create GMO FREE ZONES where they live. GOAL DENIED!
With all of the recent bad news it’s important to celebrate the victories when we get them! This motion was ridiculous and without merit. Thankfully the Judge was able to see that and rule against it.
News from: August 26, 2016
Court Hearing Update
On August 24th, in the latest chapter of the lawsuit attempting to overturn Josephine County’s genetically engineered plant ordinance, our attorneys presented oral arguments on a petition for attorneys’ fees filed by the plaintiffs, Robert and Shelley White of Cave Junction. Plaintiffs seek attorney’s fees of $29,280, to be paid by the two intervenors in the case, organic seed company Siskiyou Seeds and local nonprofit Oregonians for Safe Farms and Families (OSFF). Included in the amount requested is $10,000 for “future fees.” Some of the requested attorneys’ fees were calculated at a rate of $625 per hour.
Plaintiff’s attorney, John DiLorenzo of Portland, attended the hearing by phone. DiLorenzo, a registered lobbyist for chemical and industrial agricultural group Oregonians for Food and Shelter and author of the state preemption bill at issue in the underlying case, alleged that arguments presented by the intervenors during the hearing on summary judgement in April were “without reasonable merit,” which he claimed would require the judge to take the unusual step of approving the petition for attorneys’ fees despite the fact that such fees are not usually awarded under Oregon’s Declaratory Judgment Act.
Attorneys for the intervenors, Melissa Wischerath and Stephanie Dolan from the Center for Sustainability Law, argued that rather than presenting frivolous arguments during April’s briefs and hearing, they had presented novel claims meant to challenge established law, and that the plaintiff’s petition was intended to deter just that type of challenge, an outcome that would harm Oregon’s democratic process.
“An award of attorney’s fees against citizens who assert their constitutional rights in a courtroom would have a chilling effect. These laws were written, bought and paid for by corporations, who now seek to send their legal bill to individuals who dare challenge the constitutionality of the law in court,” said attorney Melissa Wischerath.
Attorney Stephanie Dolan noted, “Attempting in good faith to challenge a state law that removes protections from local farms and families is the opposite of frivolous. It is serious and important work, and the ability to do so without the chilling effect of sanctions is a necessary function of our democratic process.”
Josephine County Circuit Court Judge Pat Wolke, who on May 16 struck down the voter-approved ordinance prohibiting the planting of Genetically Engineered Crops (a decision which is currently pending appeal) took the matter under advisement and will issue a written decision.
We will inform everyone of that decision as soon as we receive it.
News from: August 18, 2016
We have an important day in court coming soon! Please join us to show your support for our GMO FREE ZONE.
A Hearing is scheduled for
Wednesday, August 24th
11:00 am (please arrive early – seating is limited – courtroom attire is requested)
Josephine County Courthouse, Courtroom #3
500 NW 6th Street
As you know, plaintiff’s attorneys have filed a motion against us as intervenors in this case requesting payment for their attorney’s legal fees – nearly $30,000!
Our attorneys, Stephanie Dolan and Melissa Wischerath of the Center for Sustainability Law, will defend us in court on August 24th. We should not have to foot the bill for attorneys clearly working on behalf of biotech’s corporate sponsor in their attempt to silence the voice of the people!
This is especially egregious because one of the stated reasons for their motion is specifically to create a chilling effect and deter similarly situated communities from bringing legal challenges to unjust laws like SB 863, AKA Oregon’s Monsanto protection act.
Clearly, the motivation behind filing a petition for an award of attorney’s fees is to scare the voters of Josephine County and others across the state away from standing up to the largest chemical and agricultural corporations in the world.
News from: June 22, 2016
Our attorneys have taken the next step! We have filed a Notice of Intent to Appeal.
This is the first step of our three-prong approach to uphold the ban in Josephine County.
The three-prong approach is being developed to include: an appeal to our case, a political strategy to obtain a legislative change for Josephine County, and a statewide coalition to protect all of Oregon from the threat of genetic contamination via pollen drift.
Thank you for continuing to support our efforts to protect the
9th GMO FREE ZONE in the US!
News from: June 15, 2016
In addition to seeking court costs, plaintiff’s lawyers filed a petition seeking attorney fees for nearly $30,000. Our legal team has filed an opposition to that petition and are confident that the case law is in our favor and that we will prevail in defeating the petition.
One of the stated reasons for their petition is specifically to create a chilling effect and deter similarly situated communities from bringing legal challenges to similar unjust laws like the Oregon preemption law.
“I find it hard to believe that OFS (Oregonians for Food and Shelter) — a lobbyist group funded by the largest chemical and agricultural corporations in the world — needs the taxpayers of Josephine County, one of the poorest counties in the state, to pay their bill to undo a democratic voter enacted ordinance,” said Don Tipping, local farmer and business owner of Siskiyou Seeds.
This petition for attorneys’ fees is particularly egregious given the fact that attorney fees are not awarded to a prevailing party under the Declaratory Judgment Act. However, plaintiff’s attorneys seek to invoke a rare exception to award attorney fees claiming there was “no objectively reasonable basis” for certain affirmative defenses argued by intervenors in the litigation.
“It is clear that the motivation behind filing a petition for an award of attorney’s fees is to scare the voters of Josephine County, and others across the state from standing up to the largest chemical and agricultural corporations in the world. Clearly they do not need help paying this bill but are trying to stifle our growing movement from creating GMO Free Zones in the Rogue Valley and across Oregon,” said Mary Middleton, Oregonians for Safe Farms and Families Director.
News from: June 9, 2016
Thank you for your support to all who attended our recent community discussions!
The key points from the discussions have lead to the development of a three-prong approach to include: an appeal to our case, a political strategy to obtain a legislative change for Josephine County, and a statewide coalition to protect all of Oregon from the threat of genetic contamination via pollen drift.
As we move forward additional information will be sent via newsletter. So if you haven’t already signed up for our newsletter be sure to do it now!
News from: May 16, 2016
Court Hearing Results
Take heart and stay strong, Josephine County citizens and farmers.
News from the judge informs us he has ruled in favor of the plaintiffs in the lawsuit in which we have intervened. Our legal team has fought on behalf of Josephine County voters to try to maintain the ban on GMO crops here.
We are disappointed but we know that change can take a long time, especially when in a difficult fight up against the largest chemical company in the world!
We are pursuing all of our options and continue to be vigorously committed to protecting our farms and families in Josephine County and throughout Oregon! The 9th GMO FREE ZONE in the US stands on hold, for now.
We’ll continue to post updates here as things develop. Thank you for continuing to support our efforts to protect our GMO-Free family farms and the health of our county!
Watch this website for updates.
Thank you for Supporting the Josephine County
Genetically Engineered Plant Ordinance!
Protect Our GMO Free Zone!
Once again, ‘The Little County That Could’ needs all hands on deck.
Your contribution will help our legal team continue in this vital effort
to defend the will of the people and uphold our ban
on genetically-modified crops.
Please contribute today via your credit/debit card or Paypal account….
Thank you for standing up with us today!
Oregonians for Safe Farms and Families (OSFF) is a non-profit organization working to support the restriction of GMO crops in Josephine County, Oregon in order to protect and promote safe farms and families.
Oregonians for Safe Farms and Families was founded in 2014, and has been instrumental in passing and supporting the GMO restriction in Josephine County. Located in Grants Pass, Oregonians for Safe Farms and Families is a volunteer-run nonprofit organization and along with its sister organization, GMO Free Josephine County, works tirelessly for the GMO Free community throughout the Rogue Valley.