THE LEGISLATURE MADE THEM DO IT. The unapologetic trio (Lt to rt:   Asst. Attn'y Gen'l Herbert Lovejoy, Nancy Orr & Anita Phillips.) from the Oregon Fire Marshall's Office blaming legislators for the way the law is written to excuse the timely confiscations of Dan Tanner's fireworks shipments. They have yet to respond to the full list of alleged abuses testified to by a host of witnesses.

LAWMAKERS SHOULD CALL NANCY ORR'S BLUFF
If lawmakers postpone taking action this session, as it appears they will, it will be another two years before there is any hope of legislative action. That's two years added on to approximately ten years of abuse by the OSFM. More will permanently lose their businesses.

Last November (Between sessions) Senate Legislators held their second hearing into allegations of abuse by the Oregon Fire Marshall's Office (OSFM) and Western Fireworks. A first hearing, in August 2004, was insufficient to cover what was revealed to be years of unfair treatment to multiple victims.

A goal resulting from the first hearing was to pass legislation reversing the effects of SB-667 which the OSFM has used to justify actions against Oregon pyrotechnics.

Upon learning how the OSFM has used SB667 to confiscate private property, lawmakers such as (D) Senator Betsy Johnson and (R) Senator Gary George, realized they had been unaware of the consequences of voting for SB-667. They, and other lawmakers, agreed new legislation needed to be passed ASAP.

The end result of that bipartisan effort is HB 3349 which is stuck in the Rules Committee of the Senate headed by Kate Brown.

During the November hearings Nancy Orr, head of the OSFM, followed approximately five hours of damning testimony, by victims, with a 'the devil made me do it' style excuse.

'The devil' is our state legislature if Ms. Orr, and Asst. Attorney General Lovejoy, is to be believed. She told the Senate panel that what the OSFM has done, particularly in the Dan Tanner fireworks confiscation case, is because of the way the laws are written.

The long list of incidents, over the years, of abuse of power, supposedly has nothing to do with the Fire Marshall's Office' repetitious and malicious misuse of fluid rules they made themselves.

Senator Fisher took immediate offense letting Orr know that legislators are not professionals in each government agency specialty and are dependent upon state agencies to inform them of problems.

In light of the testimonies, and what Orr has repeatedly admitted is so much suffering over such a long period of time, why did the OSFM never feel compelled to address the legislature on their own?

And why would any legislator want to thwart the passing of corrective legislation?

Some legislators sincerely don't know the history of the behind the scenes shenanigans committed in relation to advice regarding proposed bills. Which legislators are allowing Orr to be confident that the legislature will continue to allow OSFM abuse?

One of the legislators who appears to have a stake in this situation is Representative Wayne Scott. Scott is owner of a branch of Western Fireworks and is now also House Majority Leader. Western has been the major benefactor of SB-667.

THE SOLUTION:

The first and most important bill (HB 2876) to be considered, which would have reversed some of the effects of SB 667, was shuffled to a different committee reportedly with some helpful advice from Rep. Scott.

House Republicans risked some political punishment going against Scott on these bills.

Nevertheless, one out of four House bills, (and one Senate) that would be helpful, has eventually made it to the Senate. HB 3349 is now, unfortunately, sitting untouched in the Rules Committee. It lacks the punch of the original HB 2876, but it is better than nothing. Passage now depends more upon Democrats, like Kate Brown, than Republicans.

Legislator overload, lack of information and behind the scenes willfulness have all guaranteed Orr reason to be smug. Her friends at Western continue to get away with hurting competition.

Orr and Philips repeatedly said they agreed with the senate committee that something had to be done to avoid the devastating results of misapplied rules to people like Dan Tanner.

Both hearings ended with a promise to work better with the pyrotechnics and to apply the rules more fairly.

Oregon Conservative has learned that this promise hasn't been kept. Several people have reported continuing abuse.

Dan Tanner has had yet another shipment of fireworks confiscated. Remarks made to his business connections as to the OSFM's having "concerns" about him have apparently continued unabated.

Dan Tanner [(Rt.) (With attorney Carusone)] showing righteous anger following years of abuse and smearing of reputation. He has been waiting a long time for some justice and recognition of the full extent of OSFM corruption. His main crime? Not going away and letting them shut him down. But, will the legislature finally act to stop the abuse? To his right in the background David Allen who also had his property confiscated. No charges of wrong doing have ever been made against him either. In the last row a few people from Western Fireworks keeping watch. No one from Western Fireworks has ever offered testimony refuting any claims of alleged threats they made against their competition. Neither have they denied alleged collusion between them and the OSFM.

The OSFM has continued using the same old catch-22 dilemma over state vs. federal requirements for permits even though they admitted to lawmakers it wasn't fair.

Sadly for Oregon's freedom spirited pyrotechnics Independence Day has come to stand for what has become an annual struggle just to exercise the basic liberty of free enterprise and competition. The day is tainted with the sadness of unthwarted corruption.

They are being robbed of expressing the epitome of liberty on a day that epitomizes the end of such struggles in this country.

Everyone knows Orr's excuse is a bluff. The OSFM is free to make and apply rules according to their discretion. This was admitted by Assistant Attorney General Lovejoy in response to a question by Senator Gary George at the end of the November hearing.

However, the legislature needs to call Orr's bluff and leave her and her OSFM cronies with no excuse to continue to kill small business in Oregon in cahoots with their allies in Western Fireworks.

How much longer will the Oregon legislature wait to call Orr's bluff? Will they allow the OSFM and Western Fireworks to continue smugly abusing their power thus putting a damper on the most American day of the year for all who know justice isn't being done?