Steve Card, in his Oct. 4, editorial in the Newport News-Times, made several glaring and important errors.
First, Mr. Card claimed that the aerial spray ban has been on hold because the judge issued an injunction, stopping the ordinance from going into effect. This is not true. At the time the ordinance was challenged in May, 2017, there was no injunction issued by Judge Bachart. This means simply that the law has been valid and enforceable for 29 months. The citizens and watersheds of Lincoln County have not been aerially sprayed with pesticides for over two years.
Second, Mr. Card warns us that a direct action clause in the ordinance would create a threat to the rule of law if allowed to stand. He has not done his journalistic homework. Immediately upon the filing of the lawsuit by Rex Capri and Wakefield Farms, the direct action clause was stricken — in other words, thrown out. Direct action has not been part of the ordinance for the past two years. It is nowhere to be found in Judge Bachart’s clear and well-written opinion. It will not appear in any part of an appeal. There is no Pandora’s Box.
For those who would like a clear and concise summary of Judge Bachart’s decision, it is provided by Wayne Belmont, attorney for Lincoln County, at the following web address: http://video.co.lincoln.or.us/Audio_2019/BOCMeeting10-2-2019.mp3. His comments start at minute 53.25.