A Plea for Common “Cents” …..$

A  number of recent Beerchaser posts have chronicled the challenges faced by Oregon bars and breweries over the last year because of the pandemic.  Demonstrations/riots in the City of Portland, which have made national news and wildfires which ravaged the State, exacerbated the virus-caused lockdowns – all economically adverse.

Another unfortunate victim – closed indefinitely

Then most recently, a once-in-a-lifetime ice storm caused widespread power outages and again shut down business just as many had gotten the green-light to reopen.

For example, the innovative Oregon Public House closed its doors in November and the excerpt from its website is typical:

“This choice, made by our Board of Directors, reflects the reality of where we are after many months of reduced sales and related challenges….In this moment of ‘freezing’ restaurants and other businesses, we hope that you choose to support small and local businesses in whatever way that you can, because many of them have been struggling in the same way that the pub has.”

Well, I’m amazed and appalled to report that a new – avoidable specter – now rears its ugly head.  It’s one that could throw another wrench into the efforts of the beverage and hospitality industry to survive.  This one was originated by some sorely misguided, myopic and, quite frankly, apparently mindless individuals – mindless at least given the economic context.

Just as the virus has invaded our daily existence, it seems like common sense has often concurrently evaporated.  A number of times during the pandemic, I have uttered the phrase, “What were they thinking?” – the most recent involving a Cancun getaway, but there have been many others and not just those which make us laugh when we read the annual Darwin Awards.

Even those with a net worth of $87 billion sometimes make crazy financial decisions….

Like Philadelphia Eagles Coach Doug Pederson’s decision to give a third-string quarterback playing time in a game with playoff implications for other teams.  Then there was Vice President, Mike Pence visiting the Mayo Clinic without a mask in May 2020 and Mayo Clinic officials not challenging this action.

A leading stock market newsletter even questioned the legendary investment guru recently with an article entitled, “Berkshire Hathaway: Respectfully, Mr. Warren Buffett, What Were You Thinking? “(BRK.A) | Seeking Alpha

This time – and in one of the most egregious – it’s several Oregon Legislators (Rep. Tawna Sanchez (D-Portland) and Rep. Rachel Prusak ( D-West Linn) and an Oregon non-profit – Oregon Recovers – led by its Executive Director, Mike Marshall – who are proposing an extreme increase in alcohol taxes.

“Marshall said businesses could pass the increase in cost to consumers, arguing that the tax hike is the only way to curb harmful consumption and binge drinking.”  (emphasis added)  (KOIN.com 3/2/21)

As reported in this Fortune.com article article excerpt, they are proposing to raise $293 million over the next two years by this tax increase.

“Oregon brewers and vintners could see a dramatic rise in the cost of doing business if a new bill making its way through the state legislature passes. Oregon House Bill 3296 seeks to increase the state’s beer tax by 2,800% and wine tax by 1,700%.

Officials in Oregon’s wine industry say the bill would result in a $2 or more price increase on every bottle of wine sold in the state. Beer and cider could see even bigger jumps.”

Beer tax – from $2.60 per barrel to $72.60 in one fell swoop

Currently the Oregon tax on each barrel of beer is $2.60.  House Bill 3296 would increase that tax by $70 to an astounding $72.60 a barrel.  For beer, this would amount to about thirty-one cents per pint.

Michaeal LaLonde, the President and CEO of Bend’s Deschutes Brewery, stated;

“Unfortunately, a recent economic report from the Beer Institute and Brewers Association estimates 25% of those Oregon beer jobs will be lost by the end of 2020 because of the COVID-19 recession.” 

His 10/12/20 guest editorial in the Bend Bulletin responding to the proposal also asserted:

“Oregon is proposing to kick you when you’re down. COVID-19 has hit the restaurant, food, and beverage industry hard. In order to shore up state coffers, the Oregon Health Authority has released a proposal to raise $293 million by increasing the tax on beer, wine, and cider by 800%.  Not staggered, not stepped, but an instant 800% increase. The consequences would be simply devastating.” *

* Evidently the original Oregon Health Authority proposal in Gov. Kate Brown’s budget last October was for the 800% proposal and the more draconian increase followed in February by the Legislators in HB 3296.

Portland’s renowned Oregon Brewers’ Festival

As an example of the hardships, it was announced just this week that for the second year in a row, the Oregon Brewers’ Festival – Oregon’s largest and one of the longest-running in the nation – according to Willamette Week  is canceled this summer – again!

“Recovers” is a relative term…..

It is ironic when small business owners are wondering if they will survive and how they are going to recover after what they’ve faced in last year, that the Co-chair of Oregon Recovers stated:

“As we recover from the pandemic, it’s critical that we adopt strategies to protect our families and increase prosperity.” (emphasis added)

To ensure that those promoting the idea get the point, one more recent statistic – this one from Guy Tauer, an economist in the Oregon State Employment Division:

“Leisure and hospitality had 211,000 jobs in December of 2019 and by December 2020 employment fell to 129,400, essentially erasing the industry’s previous 25 years of job gains,” Tauer writes. “Of the 178,200 payroll jobs Oregon lost during that time, 81,600 of those, or 46.9%, were in the leisure and hospitality sector.”

There have been debates over the years about sin taxes – on alcohol, tobacco, gambling and more recently, sugary drinks, and there are pros and cons. There’s essentially a consensus, however, that sin taxes are regressive and the heaviest burden is on lower income individuals.

Will it accomplish its purpose in reducing addiction and underage drinking or just reduce consumption generally and hurt small businesses?  And how effective have Oregon’s addiction and recovery programs been to this point without adding substantial millions – especially since there is no infrastructure to handle the increased funding.

From the Oregon Recovers web page:

“Build A New System of Intervention:  ACRA will shift the burden of engagement and/or intervention in an individual’s substance use from the criminal justice system to the healthcare system by providing healthcare, social service, education and criminal justice professionals with the education and tools needed to engage patients earlier in their addiction.” (emphasis added)

It’s true that Oregon businesses have a stake in reducing alcohol addiction which is a drain on productivity and increases the cost of operations. I notice, however, that with one exception (Andrew Rowe) no one on the Oregon Recovers Steering Committee (Board) indicates having worked in the private sector or having a business background – nor does its Executive Director.

And the people of Oregon have been very generous in approving taxes for social causes – most notably in Portland where in May – during the height of the pandemic – a nationally innovative homeless service tax measure was approved.

It will raise $250 million annually for ten years towards funding behavioral health services, job training and other services for homeless people.

While it is true that the current tax on beer in Oregon is one of the lowest in the country and has not been raised since 1977, the approach in this legislation (HB 3296) is clearly not the way to accomplish it.  Oregonians are empathetic and will endorse reasonable ideas to address alcohol addiction and underage drinking.

The Oregon Beverage Alliance has started a petition drive entitled “Don’t Tax My Drink” to ask local Oregon lawmakers to oppose tax increases on Oregon breweries, wineries, cideries, distilleries, restaurants, bars and their customers.

To this observer, the tax proposal is brazen and arrogant.  Remember the pandemic slogan, “We’re all in this together?”  So I hope people will write to Mike Marshall and Reps Sanchez and Prusak.   You might start your communication by asking, “What were you thinking?”  And let’s hope that at least a modicum of common “cents” will prevail.

And Cheers to the Oregon Brewers’ Guild!

Navigate a Course to Flyboy Brewing

Michelle and Mark – at the controls of the new venue

Mark Becker, the founder and owner of Flyboy Brewing and Michelle Faubion, his Operations Manager, are wonderful people and typical of those one meets in the Oregon microbrew business.  Flyboy Brewing’s “takeoff” is another one of the entrepreneurial successes.

Thebeerchaser blog has chronicled the path of similar microbreweries in Oregon including Caldera in Ashland, Ancestry in Tualatin, Sasquatch in SW Portland and Wolf Tree on the Oregon coast to name just a few.  All have helped to make the $4.49 billion direct and indirect contribution to the Oregon economy according to Oregon Brewers’ Guild.

And like a number of other venues featured in past posts, one may not be captivated when viewing the enterprise from the outside.  But stepping into Flyboy (at least as evidenced by my six visits to the new brewpub in Tigard), one is hit with the vitality and energy which emanate from patrons, staff and even from the beer itself!

Flyboy is a dream of Becker, whose story is below.

And the selection of beers and hard ciders is robust and changes often to allow new adventures.  Michelle is a Level II Certified Cicerone which means she’s a beer expert.  After passing the Level I exam, she mastered the second exam which requires detailed knowledge on the following:

Janet Williams with Cicerone Michelle who explained all the beer options

“…retail beer storage and service issues, excellent knowledge of modern beers and styles, beer history and historical styles, competence in identifying flawed beers and recognizing appropriate and inappropriate flavors in modern beer styles, beer ingredients, the brewing process plus knowledge of beer pairing principles”

And Mark and Michelle’s passion about beer and service is echoed by their staff.  Our parties were always impressed that they urged us to sample new beers and took the time to explain the nuances of each.  http://www.flyboybeer.com/whats-on-tap/

Thirty beers and ciders on tap from a diverse group of breweries….

This encouraged us to try a slew of different options from the thirty beers and hard ciders they have on tap including four of Flyboy’s own (Fighting Red Tails IPA, Tri-Wing Double Fokker Red Ale and a Kolsch.)

Among those we tried were SunRiver Brewing’s Vicious Mosquito and Vermont Vacation, Light Me Up Lager by Springfield’s Hop Valley Brewery  and Three Headed Hop Monster (a collaboration by Boneyard, Melvin and Barley Brown Breweries – a very limited release which went fast…), one of my old standby favorites – Vortex from Astoria’s Fort George plus all of Flyboy brews and a beer with a kicker, Breakside’s Safe Word Triple IPA with an ABV of 11.1%!

And a good way to enjoy a number of the beers and not have to rely on Uber for a ride home, is their Beer Flights – five for $10.  You might want to include the Wizard of Koz in that group, which Michelle recommended – blueberry, chocolate, vanilla aged in a bourbon barrel – new from Founder’s Brewing in Michigan – a venue Michelle discovered when she was in medical sales after nursing school at the University of Washington.

Happy-hour is 3 to 6 PM each weekday and all day Sunday.  That means Flyboy brews are only $4 per pint, $1 off wine and good appetizers ranging from $5 to $8.

On my last visit, Mark had just returned from Seven Brides Brewery in Silverton which is assisting Flyboy until their equipment is fully operational (within the month).  He was working on his Pilot’s Peach Ale, one of Flyboy’s flagship beers to be released on May 26th and told me, “This one is going to win some awards!”

This ones going to win some awards!

A graduate of Vancouver’s Hudson Bay High School and Clark College, he started brewing in his parents’ house while still in high school.  He was not deterred by some minor explosions in the basement brewery and when in 1986, his parents admonished him that beer was not going to be big in the NW, Mark told them, “It’s too good to be a passing fad.  I’m going to make my living doing this someday!”

The original Flyboy in Lake Grove

Well it took awhile – like twenty years in the automotive industry at Leif’s, Les Schwab and Beaverton Honda and then tile work.  He and his wife had been prudent and after working in the corporate world, wanted to be their own bosses.

The original brewpub in Lake Grove

The launch of the small Flyboy taproom in Lake Oswego in 2014 was an all-in proposition – no partners and capitalized with their own savings in what Mark described as “anything but a smooth takeoff…..”.  (I remember going there shorty after it opened and they had run out of their own beers because they could only brew two kegs at a time.)

The name of the brewery is a tribute to his grandfather, a B-29 pilot in World War II and who also trained pilots in P-51’s.  His other grandfather from the Great Generation helped build the battleship, USS Missouri.

The flag and the dummy bomb (from training exercises at the Big Spring Army Air Corps Base in Texas) were his grandfather’s and complement the art and the other aviation memorabilia.

Mark’s research determined that the name “Flyboy” was available and after securing the legal rights, he wrote to the American Aviation Historical Society for permission to use their artwork – it was in the public domain and they sent out templates for him to convert into signs and interior art which are a highlight of the pub in Tigard.

As is often the case with start-up breweries, the active and passive resistance of bureaucrats can discourage or even crush the plans of entrepreneurs.  Mark persisted after his plan to expand in 2014, and which initially looked promising as a venue in a hangar at the Aurora Airport, was batted down by the FAA and Marion County

Then while going to the Tigard Home Depot, he saw vacant space and contrary to his prior experience, PAC Trust Realty and the City of Tigard were “awesome” in the manner they responded and expedited the lease and permits to start their Sequoia Parkway location.  The grand opening at Tigard was April 17th – three years to the day of the original location in Lake Grove.

A great team – Michelle and Mark

Mark originally met Michelle Faubion at a beer conference, and as is the case with most people, remembered her.  She accepted his offer to become his Operations Manager.

Michelle is a remarkable woman and besides having an impressive background, is one of the most charismatic people I have met in the five and one-half years of Thebeerchaser.   She was originally featured in this blog as the co-owner of the Hop N Cork in Lake Oswego.

The Classic Burger – a bargain at $10

The Hells Angel Chicken Sandwich ($12)

The food is also a plus at Flyboy.  Great burgers,   sandwiches, salads and pizza (rectangular! at $10-14).  The prices are very reasonable.

Becker franchised a Vancouver brewpub and the Tigard location has growth potential with 160 parking spaces available and ample brewing and kitchen capacity (he purchased his brewery equipment including nine fermenters and a seven barrel system from Brett Joyce, now President of Rogue Ales).

He will start brewing 300-325 kegs per month with limited distribution and a patio in front of the restaurant will be ready this summer.

Waiting in anticipation for the patio this summer…

Since the Flyboy opening was only three months ago, there aren’t a lot of social media comments, but this excerpt from a Yelp review on 5/11/17 is a good summary and from a Californian, no less:

We need places like this in SoCal! The beer is top shelf, the food is amazing made with fresh ingredients, and the staff is amazing…… Some of the friendliest people I’ve ever met. Michelle’s personality is infectious, the nicest most genuine person I’ve ever had the pleasure of meeting.

My wife and I have been amazed with the enthusiastic crowds each time we have returned – and a lot of them appear to be regulars already.  Mark’s story and perseverance is absolutely inspiring.   Navigate a flight path to Flyboy and say hello to Mark and Michelle – don’t worry, Michelle will beat you to the punch with the greeting!

Flyboy Brewery and Restaurant     15230 SW Sequoia Pkwy   Tigard

Flyboy Taproom      15630 Boones Ferry Road, Suite 1A
Lake Oswego, OR 97035

 

 

Beerchaser Miscellany – A Compendium of Trivia and Bar-related Information

fireworks beerchaser miscellany with beer glassPeriodically Thebeerchaser blog has a post that departs from reviewing a single bar, tavern or pub and attempts to update you on various topics that may be of interest:

Thebeerchaser Tour of Bars, Tavern and Pubs –  Initiated in August, 2011, this blog  recorded its 50,000 view on June 9th.   On that date, 51 individuals viewed 71 different Beerchaser posts.  The count included ten visitors from eight different countries including Germany, Australia, Nigeria, the Czech Republic and Coasta Rica. They hit the blog as a result of internet searches.

The 121 individual blog posts since inception (each averaging about 1,500 words) comprise reviews of 63 Portland establishments, in addition to about 71 watering holes in Europe, Colorado, Alaska, Eastern and Central Oregon, Washington, the Oregon Coast and the Southeastern US (not yet posted).

Jud after patrol 65

Cpt. Blakely USMC – after patrol in 1966

This blog has also “honored” twenty-two individuals or groups as Beerchaser-of-the-Month or Quarter ranging from authors, to academics to athletes to those directly connected with beer such as the Beer Goddess (Lisa Morrison) in April 2015.  Perhaps two of the most auspicious are Art Vandelay – CEO of Vandelay Industries and the crew of the USS Constitution.

Jud Blakely, besides being a hero for his actions in combat during the Viet Nam War and an excellent athlete and writer – as documented when he was named Beerchaser-of-the-Quarter in September 2013 – is also a whiz at using technology to communicate.

He is the talent behind the second and current Beerchaser logo and also responsible for the new “business cards” below – I often get requests from those I meet in watering holes to give them the blog address.  (Jud’s creativity is exemplified by the slogan on the back of the card.)

Front and back of new "business cards"

Front and back of new “business cards”

And Thebeerchaser traffic has increased…….Counts and averages for the last four years are as follow:

August – December 2011:  an average of 150 per month

2012:  6,703 views for an average of 558 per month

2013: 15,224 views for an average of 1,269 per month

2014: 18,098 views for an average of 1,508 per month

January through June 2015:  average per month has been 1,701

Bar Closings – A Concern Says Whom?  – I noted with interest a December 2014 article in Willamette Week entitled, “Closing Time” with a subheading, “2014 Was Barmageddon in Portland.”  The article maintained that the closing of notable bars such as Slab Town (reviewed in October 2013), Produce Row, the East Bank Saloon, and others such as Tiga, is the “canary in the coal mine.”  It quoted one bartender as stating, “Every good bar, everything you see is going under.  Everything is going straight to shit,”  

Slabtown - Gone but not Forgotten..

Slabtown – Gone but not Forgotten..

However, the good news is that the article may have vastly overstated the situation.   Anecdotally, Thebeerchaser in multiple visits to the nine PDX bars reviewed so far in 2015, ranging from dive bars such as the Yamhill Pub to genteel venues such as the Pope House Bourbon Lounge to the most recent historic gem, Kelly’s Olympian – has witnessed robust and enthusiastic crowds.

Step up to Joe's Cellar - now reopened

Step up to Joe’s Cellar – now reopened

And bars, like the mythical Phoenix, have a tendency to rise from the ashes.  For example, Joe’s Cellar reviewed September 2011, closed because of structural issues and was reportedly gone for good.  It reopened within a year and is now going strong.

The East Bank Saloon, a 36-year venue, was closed earlier this year and was reopened last month as “the blockbuster new bar” Bit House Saloon.  (“Look for barrel-stave flooring, lots of brick and brass, an atrium and big French doors blowing out to a new fire pit in the back.”)    The same scenario occurred with the Grand Café (reviewed in January 2013) whose proprietor was the well known, albeit controversial icon, Frank the Flake Peters, when he retired.  It closed but has now reopened as the Pour Sports Bar and Grill.

The Not-so-Grand Departure of the Grand Cafe

The Not-so-Grand Departure of the Grand Cafe

A WW article late last year speculated that the historic treasure – the Skyline Tavern (reviewed in January 2014)would be closed and the property developed.  The paper recently updated the news and reported that Scott Ray Becker, a local filmmaker, is the new owner and he plans to improve the bar including serving quality food rather than just micro-wave popcorn and pre-packaged sandwiches.  Produce Row has also reopened.

And there’s Marcus Archambeault and Warren Boothby, who previously have done wonders refurbishing or resurrecting  bars such as Club 21 (reviewed in September 2014) which replaced a lackluster predecessor.

They also opened Gold Dust Meridian (reviewed in October 2012) and the Double Barrel (reviewed in April 2015) – all of which have been visited (multiple times!) by TheBeerchaser and were great bars.

The refurbished Sandy Hut, is the latest example of their genius, and the changes to this historic dive bar  will ensure that the beloved “Handy Slut” will serve a lot more PBR in future years. “..the sort of rearrangement a mother might give her son’s bedroom after he finally moves out: scrub the stink out of the carpets, move some furniture around and open a damn window.” Willamette Week 6/24-30/2015

The "Handy Slut" is refurbished and cleaned up - so to speak.....
The “Handy Slut” is refurbished and cleaned up – so to speak…..

Not to belabor the point, but let’s also consider the new Loyal Legion Bar – scheduled to open in July 2015 at Southeast Sixth and Alder, (“….about 120 seats clustered around a circular bar with kegs kept in a 50-foot long walk-in cooler in the basement .”) serving 99 beers in the historic building formerly housing the Police Athletic Association.

Or there is the once resurrected Bitter End Saloon on West Burnside – a Portland Timbers bar reopened in 2013 – closed again in April 2015, but evidently to be reincarnated again – as St. Helens a new bar.

Ecliptic - one of the 58 in Portland - with more on the way.....

Ecliptic – one of the 58 in Portland – with more on the way…..

And what about breweries and brewpubs?  Portland now has more than any other city in the world – last year, according to the Oregon Brewers’ Guild, 28 new breweries opened in the Portland metro area.  The total is now 83.

Many bemoaned the acquisition of Bend’s 10 Barrel Brewing by Annheiser Busch; however, shortly thereafter they opened a new 6,200 square foot pub in Portland on NW Flanders seating 175, with plans for a rooftop beer garden this summer .

Those like Thebeerchaser, who love the unique character and ambiance of Portland’s 750 + bars and taverns,  should be more concerned with trends such as Burgerville, Starbucks, Music Millenium and theaters serving beer – “Entering a movie theater that doesn’t serve alcohol feels like finding a dry county in Nevada.  (“It’s now) get your ticket, get your popcorn, get your pint.   In fact, it suggests that very soon, theaters which serve beer and wine will soon outnumber those which don’t.”

I hope your join me in believing that people should drink their beers at their neighborhood bar – not at a fast food joint, a coffee shop run by an international corporation or a Regal Cinema.  As quoted previously in this blog:

“There is nothing which has yet been contrived by man, by which so much happiness is produced as by a good tavern.”  Samuel Johnson

“A bar is better than a newspaper for public discussion.” Author, Jim Parker

This is not to suggest that bar closures such as Slabtown, with its rich history, are not a loss and sterile corporate brew pubs don’t come close to replacing a venerable neighborhood bar.   However, there are still a lot of new establishments ready to garner a loyal clientele and join the idiosyncratic hole-in-the-walls just waiting to become the new Cheers.  The Lost and Found started by two female entrepreneurs in 2013 in North Portland is a great example.  Another one – Shift Drinks – recently founded by two former Multnomah Whiskey Library employees on SW Morrison.  Another trend is the advent of cider bars.P1020400

I will close this section with evidence from my own journey.  In almost four years, I have reviewed 63 different bars and pubs in Portland. (And almost all of them were memorable…)

Only 29 of these made the “2015 Willamette Week Bar Guide” – their reporters’ 125 favorite watering holes.  I am not worried about running out of establishments to visit on my continuing journey…..!

What About the Lawyers – I have talked to a number of lawyers for whom brewing was initially a hobby – until they realized that they enjoyed their avocation more than practicing law and are now an integral part of the craft brewing scene in Portland.  Examples are the owner of the Occidental Brewery in St. Johns and Kevin Brannon, now a partner in the new Beaverton venue, Brannons’ Pub and Brewery. There are others as well.

It’s also interesting to note how attorneys who are still practicing law are also getting involved in the micro-craft industry.  Even in 2010, the Portland Business Journal reported, “Oregon law firms are swallowing huge chunks of business as the state’s alcohol industry continues to thrive.  The workload of attorneys representing wine, beer and liquor distillery interests have jumped between 20 percent and 30 percent during the last year.”  (PBJ 11/19/2010)

American_Bar_Association_svgGiven some of the developments in the legal profession, perhaps the lawyer-to-brewer scenario will become a trend and lead to new “bars.”   An example is reported in the ABA Newsletter, which cites the Washington D.C. lawyer who is ending his law practice to open a gourmet grilled cheese establishment combined with a wine bar.  “Law lends itself to a certain kind of creativity, but this is a whole different thing.” (ABA Newsletter 2/26/2014)

And as Long as We Are on the Topic of Lawyers – My thirty-five + years  working with lawyers at the Oregon State Bar and the Schwabe Williamson firm made me appreciate the passion, intelligence, commitment to civic and charitable service and communication skills of most of the individuals in this honorable profession.  And one of the most interesting traits is their unabashed creativity in defending their position –  some people mistake this for arrogance…..

An outstanding firm with great lawyers....
An outstanding firm with great lawyers….

 Two of my favorite examples occurred a number of years ago, but are still good examples – both involve prominent Portland attorneys  and the accounts were reported in The Oregonian at the time.  The third is from the weekly American Bar Association newsletter – always a good source of bizarre legal stories

Akin Blitz : While driving his German luxury car over a mountain pass and trying to get ahead of multiple vehicles including an RV – he asserted in court with a Powerpoint presentation supporting his position – that he had no idea  he was traveling  76 mph in a 55 mph zone because of the vehicle’s “handling characteristics.”  The judge, in fining him $182, informed him that Mr. Blitz – not the automaker was at fault.

Marc AbramsEven more creative, this former Portland School Board member, explained his 88 mph speed (in a 65 mph zone) on Interstate 84 by the fact that he was following a deputy sheriff.  Making the case more interesting was the deputy’s response that he was going 75 mph when Abrams first started following him and the deputy increased to 88 mph before he cited Abrams who continued to follow him.  In a two-page letter to the court defending his actions the lawyer stated:

“I therefore have no basis to know my speed, having simply assumed I was within the limits on the basis of actions of the officer who subsequently cited me for doing precisely what he was doing.”

To bolster his position and because at the time, he was an Oregon Senior Assistant Attorney General, the intrepid lawyer offered a second defense  – a statute that he asserted gave him immunity as a Justice Department employee (he was driving to Pendleton to meet with another lawyer on a State case).  Unfortunately, neither the judge nor Abrams’ boss at the time – Attorney General Hardy Myers – agreed with this rationale.   One of Myers’ Deputy AGs reportedly wrote in an interoffice memo that

  • The DOJ disagreed with this interpretation of ORS 464.530.
  • Abrams was not authorized to represent to the court that his argument reflects the views of the AG’s office.
  • The AG does not believe that any part of the state law immunizes the department’s employees from prosecution for traffic offenses.

The good news (at least for Abrams) was that the police officer cited him for the 75 mph speed and his ticket was $97 rather than $145 it would have been for the higher figure. (Based on the dollar amounts, you can tell that this was a number of years ago!)

scales of justice from italy

Texas Lawyer, Martin Zimmerman:  When his drunken driving defendant client blamed Zimmerman for his conviction (he didn’t remember his client’s name during jury selection, called no witnesses and fell asleep during the trial.)

“Zimmerman blamed sleep apnea for his naps during the trial….but defended his courtroom performance (rating it) an eight or nine out of ten……Zimmerman is planning on running for a judgeship next year, but he told the (Texas Express News) he doesn’t expect his napping to affect the election.” (ABA newsletter 9/18/13)

Deadwood, South Dakota (circa 1890)

Deadwood, South Dakota (circa 1890)

And Maybe a Lawyer Should be Retained by this Saloon – While Republican Presidential candidate, Mike Huckabee has adopted the campaign manifesto “God, Guns, Grits and Gravy,” a Deadwood, South Dakota saloon has a slight deviation (so to speak).

As reported last year by the Associated Press, his business complex would include a gun shop, pawn shop and a combined shooting range/bar offering expensive cigars to be named The Bullets and Beer Saloon.  (Evidently his plans were successful as the link above is for the home page of their website)

“It’s all the things I like: alcohol, tobacco and firearms,” he stated.

To assuage those concerned about safety, he stated, No one shoots or handles a real gun unless they can blow a 0.00 on a breathalyzer.”   Furthering his business case, the proprietor also offers a simulator used to train law enforcement officers interactively.   “We’re not using live ammo or a live gun or anything like that……It’s almost like gun karaoke.”

And the Deadwood City Council is doing its part by requiring no more than 50% of the business income can be derived from alcohol sales.

Beerchasing on the Springwater Trail

Beerchaser, David Dickson on the Springwater Trail

Beerchaser, David Dickson on the Springwater Trail

Last month, to offer a respite on an 18 mile bike ride along Portland’s wonderful Springwater Trail, Beerchaser regular, David Dickson, and I stopped on the return loop to have lunch and a brewski at the Springwater Station – a great dive bar on 82nd Ave. where the bike corridor crosses.

“From the looks of the building design, both inside and out, this bar/restaurant must have been a beautiful place 20 or so years ago.   It is not currently a dive bar – but just give it a couple more years of neglect and it will easily fall into that category.” (Yelp June 2013)

The Springwater Saloon

The Springwater Station

April, the friendly and informative bartender, who also tends bar at Area 52“a blues bar with great jazz,” located in the Woodstock neighborhood on SE 52nd Str. filled us in.

David and I sat at the bar with some friendly regulars and consumed a draft beer while wolfing down a wonderful three-piece fish and chips special for the unbelievable price of $4.50.  (We decided to splurge rather than opt for the two-piece option for $3.50.)  If you are cycling or jus driving SE 82nd, stop and say hello to April.

April, the friendly bartender

April, the friendly bartender