The Source to cease public notices
Published 5:00 am Wednesday, May 30, 2012
Because it has no paid subscribers, The Source Weekly does not meet the state’s requirements to publish legal notices, a Deschutes County Circuit Court judge ruled Thursday.
Some of these notices are placed in newspapers to notify affected parties who can’t be reached in person. Others, like foreclosure notices, give the community at large notice that a property is for sale.
The lawyer for a Redmond man who had separated from his wife and hadn’t seen her since the mid-1990s published notices of a divorce proceeding four times in The Source in January.
The judge in the divorce case questioned whether The Source qualified as a venue for public notice.
That prompted both The Source’s publishing company, Lay It Out Inc., and Western Communications, parent company of The Bulletin, to intervene in March.
Deschutes County Circuit Court Judge Alta Brady, issuing Thursday’s written ruling supporting Western Communications’ argument, stated that without a base of paid subscribers, The Source does not qualify to publish legal notices under Oregon law.
“This court finds that the Source does not meet the definition of ‘newspaper’ for purposes of publication of legal notices,” Brady wrote in the ruling, delivered to the parties Tuesday.
In her ruling, Brady cited Oregon laws governing public notice publication in newspapers. Those statutes require, in part, that a paper qualified to publish legal notices should have “… bona fide subscribers representing more than half of the total distribution of copies circulated, or distribution verified by an independent circulation auditing firm.”
On May 11, lawyers for Lay it Out and Western Communications focused their arguments on those two clauses.
Attorney Anna Helton, representing The Source, argued the free weekly paper met state requirements to publish legal notices. She cited the publication’s independent circulation audit, performed over the second half of 2011 by Verified Audit Circulation, a California company. The company’s audit found The Source distributed about 14,000 free copies per week across Central Oregon.
Because The Source had been independently audited, Helton said, the legal requirement that bona fide subscribers make up half of total distribution no longer applied.
The Bulletin is published seven days a week, with paid subscribers and a daily circulation of 31,808. Attorney Duane Bosworth, representing Western Communications, argued that the clause about independent audits was not put in place as an alternative for bona fide, paying subscribers, but as one way to confirm that a publication has a significant base of paid subscribers.
Brady agreed, saying that her role as judge requires her to determine the intent of the entire statute. The clause mentioning bona fide subscribers could not be replaced by the clause about circulation audits that followed, she ruled.
“Interpreting the relevant language in the manner proposed by the Source would result in a clause that is incomplete and has no effect,” Brady wrote. “The first clause adequately sets forth a standard that can be quantified. … The second portion, however, does not similarly set a quantifiable measure to determine if a standard has been met.”
Because The Source does not have paid subscribers, Brady concluded, it does not meet what is called a “best notice” standard designed to identify a publication best suited to deliver a public notice to an interested party or parties.
“The existence of a certain percentage of paid subscribers increases the likelihood that legal notices are read by as many affected people as possible,” she wrote.
Brady’s ruling effectively prohibits The Source from publishing any more legal notices, though the paper could appeal.
Messages left Tuesday with Helton and Aaron Switzer, publisher of The Source, weren’t immediately returned.
A message left with Fred Kowolowski, the attorney who published the divorce notices in The Source, was not returned Tuesday.
Bosworth, representing Western Communications, said Brady’s ruling established that only publications with a base of paid subscribers would meet Oregon’s definition for a qualified newspaper to post public notices, continuing more than 90 years of legal requirement established by the Oregon Legislature.
“The judge held that the words mean what we had urged they mean,” Bosworth said. “A different interpretation doesn’t make sense.”
They designed thumbnail sketches. They pitched their ideas to clients. They executed their proposals with artistic creativity and precision. They met tight deadlines. At each stage of the process, they acted as professionals.
Not what you might expect from a group of kids attending an alternative learning school at which a quarter of the students have parole officers.
“I try to think of relevant things for students to do,” art teacher Marcy Monte said. “If you parallel projects to real-life stuff, students are better able to grab on to it.”
About 25 art students at Marshall High School completed five murals for local businesses, including Glow Acupuncture, the Cascade School of Music and Buz Stop Espresso.
Students painted winding piano keys and a guitar for the Cascade School of Music. A giant mug of steaming coffee was painted for the Buz Stop Espresso’s drive-thru, and images of healthy and nutritious fruit were created for Glow Acupuncture.
The students made the murals entirely with donated canvas and paneling and leftover paint from local businesses.
As the students found out, being a professional artistisn’t just a matter of filling a large board with aesthetically pleasing images.
“I was really nervous that our piece would be rejected,” Callie Browning, 15, said. “I was scared that they wouldn’t end up liking it. There were standards to live up to.”
Callie, a freshman, worked on a mural with a group of students for the acupuncture office’s stairwell.
Callie said it was difficult at times, because she knew the owner of the acupuncture office was picky about what she wanted and had rejected two of the group’s thumbnail sketch proposals before settling on a nutrition-oriented theme.
When students delivered the final art piece, which showed giant close-ups of blueberries and corn, they were relieved to find that their art was approved.
“We’re just so appreciative,” Dr. Wendy Weintrob, owner of Glow Acupuncture, said. “And the fact that we’ve been able to help boost their self-esteem is so great.”
For sophomore Erika Arbak, 16, the process was challenging, yet rewarding.
“I get really bad anxiety attacks, so it was nerve-wracking to have to meet with people and finish on deadline,” Erika said. “But when people appreciate your work, it’s just the best feeling.”
The murals were just one example of Monte’s efforts to involve art students in the community. Friday, students will participate in Bend’s First Friday event, and will have artwork available for rent and purchase at FootZone to raise money for the underfunded art program.
Students say being able to contribute to the community through their artistic talents is a great way of breaking down barriers and stereotypes.
“When people hear you go to Marshall High, they instantly think ‘bad kid,’ ” Callie said. “But our art says something. It shows that we’re not just bad kids. We have talent, and a brain, and a life. We have feelings, too.”