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Circuit Court Supports Ban of Aerial Sprayed Pesticides Initiative

On April 13, 2016, the Lincoln County Circuit Court affirmed that an initiative filed by Citizens of a Healthy County banning aerial spraying of pesticides in Lincoln County is in compliance with Oregon Statutes regulating the initiative process. The initiative would also guarantee the right of local community self-government in Lincoln County in order to enforce that ban.

Communities across the state face a range of Environmental harms and threats to their health from  aerial pesticide spraying, building of an LNG pipeline, public water extraction, coal and oil trains, etc. By banning aerial pesticide spraying, we will be protecting our county’s soil, air, and water.  Lincoln County citizens will be advancing the right to local community self-government in order to secure the rights of the people, the community, and nature to be protected against activities that violate those rights, putting their safety at risk.

The initiative now faces one more legal hurdle.    There is a challenge to the ballot title alleging that it is unfair and insufficient.  The ballot title was drafted by the District Attorney, in compliance with regulations.    Citizens for a Healthy County is optimistic that this lawsuit will be resolved quickly to allow for collection of the necessary number of voters’ signatures to place this initiative on the November 2016 ballot.

The goal of Citizens for a Healthy County/Lincoln County Community Rights is to make democracy legal where we live.

Let the people decide.

Let the People Decide

Right now, the right of the people of Lincoln County to decide is under attack.

A judge of the Lincoln County Circuit Court will soon determine whether or not to allow gathering signatures for an initiative petition, based on arguments heard in court, representing the profit-driven interests of industry invested in aerial spraying of pesticides in our county on the one hand, vs. the right of the people to use the initiative petition process to propose new law to protect their safety and that of the environment on the other. The answer should be clear – let the people decide.

The initiative petition in question is titled “Freedom from Aerially Sprayed Pesticides of Lincoln County” and has been put forward by Citizens for a Healthy County. It asks the people of Lincoln County if they want to ban the practice of aerial spraying of pesticides (a practice that has already been banned in federal forests for 30 years) in order to protect our right to clean air, water, and soil and to stop our continued exposure to toxic chemicals.

The judge is not considering whether aerial spraying of pesticides should or should not be banned, but whether the people of Lincoln County can be asked that question through circulation of a petition which could only become a ballot measure if it receives the required number of signatures.

The government of Lincoln County already decided that asking the question is reasonable and should happen.  However, on February 29th,  the attorney for the party opposing circulation of the petition argued in court that wanting clean air, water, and soil somehow entails a hidden threat to voters; that questioning the authority of industry profiting from aerial spraying of pesticides and the state to force toxic chemicals on our forests, watersheds, and people also entails that threat.  Perhaps worst of all, the opposing attorney argued that people wanting to defend their constitutionally-guaranteed rights, even when our government and the courts may fail to do so, is again a threat that voters need to be protected from.

We must let the people decide. The petition must go out for signatures.  With enough signatures the initiative becomes a ballot measure.  Then the people – not vested interests – and not a single judge – decide. What is at stake here is much bigger than the question of aerial spraying of pesticides. The real issue is our right, as the people of Lincoln County, to govern in matters that pertain to our fundamental rights.

People of all political stripes are sick and tired of having money influence how we vote. If the judge stops circulation of the petition for signatures, thereby supporting the opinion of the attorney opposing our initiative, it means that money can influence not only how we vote, but whether we get to vote at all.

We believe in Article I, Section 1 of the Oregon Constitution, where it declares : “All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.”

We look forward to the judge in this case doing the right thing – letting  the people decide. Otherwise, those constitutional words aren’t worth the paper they are printed on.

María Sause and other members of Lincoln County Community Rights




MARCH 11, 6 PM, Yachats Commons Room # 8

Pacific Rivers’ award-winning documentary about the effects of industrial logging and herbicide spraying of coastal forests on our communities and environment, followed by comments from members of Lincoln County Community Rights and a discussion with the audience.

Citizens for a Healthy County, the Petitioning Committee for Lincoln County Community Rights, has filed an ordinance banning aerial pesticide spraying in Lincoln County.     The County has approved the ordinance, but a private timberland owner has filed a lawsuit against it, in spite of the well-publicized risks to the health of our people, ecosystems, water supply, air and soil posed by aerial pesticide spraying.    That lawsuit needs to be resolved in our courts before we can be authorized to gather signatures to put our ordinance on the ballot. The attorneys working on this case, on our side, the County’s side, and Petitioner’s side (the side objecting to our ordinance) presented their oral arguments on February 29th. The judge is taking time before issuing a ruling on the case.

This court case will end up in a decision on our fundamental right to ask the voters in our county whether we should allow timber and chemical corporations to poison our ecosystems and the water, air, soil that are essential to the health of all life in them, including ours. OUR INITITATIVE DOES NOT DECIDE ANYTHING. IT ASKS THE VOTERS TO DECIDE ON A QUESTION ABOUT OUR CONSTITUTIONALLY GUARANTEED RIGHT TO SAFETY.






                                  MARCH 11, 6 PM, Yachats Commons Room # 8.     

Information:   Maria Sause 541-961-6385 ,

“Drift: A Community Seeking Justice” December 10th 6:30-8:30pm

Lincoln County Community Rights and its allied organization Citizens for a Healthy County present:

“Drift: A Community Seeking Justice” a short film created by U of O students about the Gold Beach accident involving herbicide spray of a neighborhood.

This event will be held December 10th 6:30-8:30 at the Lincoln City Eventuary, 560 Fleet Ave.

This event will have several speakers that will discuss the harm inflicted on the community of Gold Beach in October 2013 and what we can do about it. The public will also be invited to discuss how aerial pesticide spraying has affected the lives of your family, friends and neighbors. Come join us and learn how citizens are using local lawmaking to exercise our right against involuntary poisoning by industrial logging practices.  Industrial logging cuts ten times more timber in Oregon’s coast range than the Forest Service and douses every clear cut with poisonous chemicals. These practices threaten our community’s health by contaminating our wildlife, fisheries and publicly owned water.

Citizens for a Healthy County is seeking to change this harmful practice in Lincoln County by a Citizens Initiative filed July 6, 2015.  Contact Citizens for a Healthy County by email: or by phone 541.961.6385.

DRIFT Movie Poster - Lincoln City

Open Conversation About Community Rights in Yachats

Lincoln County Community Rights has submitted an ordinance banning aerial pesticide spraying in Lincoln County.

Share your thoughts, concerns, or personal stories in open conversation about its meaning and implications.

The Drift Inn, 124 US 101, Yachats, Thursday, Nov. 19, 4:00 – 6:00 pm.

For more information, and to e-mail us your RSVP, please call 541 961 6385;  write;  Please visit our website at

Audio/Video – Thomas Linzey Presentation – Newport

We were very fortunate to have Thomas Linzey, Founder and  Executive Director of CELDF, the Community Environmental Legal Defense Fund, in Newport on October 5th. During his “Oregon 2015 Community Rights Tour”, both he and Kai Huschke (CELDF’s Northwest Organizer) made Newport their third stop in their tour of six Oregon counties.


00:00 – 4:25_Rio Davidson (Opening Comments)
4:43 – 9:42_Kai Huschke (Introduction)
9:44 – 1:12:28_Thomas Linzey (Main Presentation)
1:12:28 – 1:25:20_Maria Sause (Closing)

Video link:


Thomas Linzey – CELDF, Executive Director


Kai-Huschke – CELDF, NW Organizer


Rio Davidson – Lincoln County Community Rights

Thomas Linzey – October 5th – Newport

Lincoln County Community Rights and its umbrella organization, the Oregon Community Rights Network, are bringing you a talk by Thomas Linzey, founder of the Community Rights movement and the Community Environmental Legal Defense Fund, helping communities nation-wide to assert their fundamental rights guaranteed by the constitution at the local level.

October 5th, 7-9 p.m., at the Newport Senior Center, 20 SE 2nd St. (across the street from the Newport Rec Center).
If you have any questions, please call 541 961 6385, or write

Download a High Resolution Poster