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Posh Oregon city humiliated by judge after trying to ban visitors from using its public lake

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Posh Oregon city humiliated by judge after trying to ban visitors from using its public lake


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An upscale Oregon city has been ordered to lift a controversial ban prohibiting locals from using its public lake following a 12-year legal battle.

A Clackamas County Circuit Court judge ruled on Monday the City of Lake Oswego must immediately remove no trespassing signs and other obstacles currently blocking the body of water.

‘Defendant City of Lake Oswego is immediately prohibited from enforcing its exclusionary lake use policy,’ Judge Kathie Steele wrote in a ruling obtained by The Oregonian.

‘(The city) is ordered to take steps necessary to provide for reasonably safe public access from the Millennium Park Plaza property within 120 days.’ 

Lake Oswego’s 12-mile shoreline is mainly surrounded by private residents with private docks that grant them access.

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Many of them are members of the Lake Oswego Corporation, a defendant in the case that manages the lake and has been opposing public access.

The corporation was sued alongside the city by open water swimming enthusiast Todd Prager and another local kayaker.

The City of Lake Oswego has been ordered to allow public access to its private pond following a ruling by a judge

Lake Oswego Corporation, headed by president Mark Harnish (pictured), also opposed the access for the lake

Lake Oswego Corporation, headed by president Mark Harnish (pictured), also opposed the access for the lake

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‘I’m thrilled that the public has finally regained access to this unique and important public resource,’ Prager told The Oregonian.

‘I hope the public responsibly enjoys their immediate right to access the lake.’ 

The Lake Oswego Corporation had attempted to argue that the lake had been altered so much over the year by dams and canals that it could technically be reclassified as a dam.

On the corporation’s website, Vice President Doug Woodcock states: ‘It has been a privilege to live on Oswego Lake for over 30 years and I take the board’s mission to preserve and protect the lake very seriously.’

‘I am an ardent advocate of Oswego Lake,’ member Katy Brown notes. While I am proud to represent all neighbors of the lake, my priority is the lake itself and the commitment and work it takes to keep this community treasure healthy.’

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However, another judge ruled that the original body of water was public when Oregon was settled, which mean public access doctrines are applicable. 

Steele’s decision comes after previous rulings including a jury trial also sided with the plaintiffs.

The lawsuit was brought by local open water swimming enthusiast Todd Prager

The lawsuit was brought by local open water swimming enthusiast Todd Prager

The ruling overturns the current situation at the lake which means that only residents of the ritzy private homes lining the lake's shoreline get access to the water

The ruling overturns the current situation at the lake which means that only residents of the ritzy private homes lining the lake’s shoreline get access to the water

Lake Oswego Corporation Vice President Doug Woodcock
Corporation member Katharyn Thompson

Lake Oswego corporation is made up of members, many of whom own homes along the lake’s shoreline which give them access. Pictured: Vice President Doug Woodcock and member Katharyn Thompson

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However, the judge stopped short of ordering access at all points of the lake after she deemed some areas to be unsafe.

City officials have forked out more than $1 million in legal fees since the lawsuit began.

Spokeswoman Madison Thesing said the ruling is ‘an important milestone’ and confirmed that the council would meet to discuss it. 

‘The city is taking a deliberate and thoughtful approach in assessing next steps with its legal and operational teams,’ she said.

The city has previously appealed rulings, but has not confirmed whether it will in this case.

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DailyMail.com has contacted the city and Lake Oswego Corporation for comment.

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Convicted murderer sentenced to life in prison for Falls City, Oregon killing in 2024

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Convicted murderer sentenced to life in prison for Falls City, Oregon killing in 2024


A 63-year-old was sentenced to life in prison for shooting and killing a man with a shotgun during a fight at a Falls City, Oregon property back in 2024.

A jury convicted Terry Lawrence Allwen of second-degree murder back on March 20, the Polk County District Attorney’s Office said.

He was sentenced Friday to serve life in prison with the possibility of parole after 25 years.

READ MORE | ‘What kind of monster does that?’ mom says as man sentenced for daughter’s killing

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Allwen was also convicted of other charges like manslaughter, assault, and felon in possession of a firearm, but the sentences for those crimes will be served concurrently with the life sentence.

Court records show that Allwen was staying in an RV parked on a property owned by the victim, 79-year-old Bo Johnson.

At about 9 a.m. on May 31, 2024, Allwen and Johnson got into a verbal fight over some personal property. During that fight, Allwen got a shotgun from his trunk and shot Johnson once, killing him.

“Mr. Johnson had many more years to spend with his family. His senseless murder destroyed the dreams and plans of so many that loved him. I hope that the fact Mr. Allwen today received the maximum possible sentence will bring the family of Mr. Johnson some relief and sense of justice.”

If Allwen is granted parole, the judge also ordered that he have a lifetime of post-prison supervision.

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Merkley Announces Additional Oregon Town Halls April 2-4

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Merkley Announces Additional Oregon Town Halls April 2-4


Oregon’s U.S. Senator Jeff Merkley announced today he will hold seven in-person town halls for Oregonians in Gilliam, Sherman, Klamath, Lake, Deschutes, Crook and Jefferson counties between Thursday, April 2 and Saturday, April 4. These events follow previously announced town halls between Monday, March 30 and Wednesday, April 1.  “I’m looking forward to again visiting wonderful communities […]



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Oregon Supreme Court overturns JonBenét Ramsey photographer conviction

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Oregon Supreme Court overturns JonBenét Ramsey photographer conviction


The Oregon Supreme Court has overturned the conviction of a Lane County man who once photographed child beauty queen JonBenét Ramsey and was convicted in 2021 on several child pornography charges.

Randall DeWitt Simons, 73, of Oakridge, was charged in 2019 with 15 counts of first-degree encouraging child sex abuse. He was later convicted on every count and sentenced to 10 years in prison.

Simons was first arrested after authorities began investigating a report from a restaurant in Oakridge that someone had been using the restaurant’s Wi-Fi to download inappropriate and concerning images.

Law enforcement officers directed the business to track, log, and report all of the user’s internet activity to the investigating officer for more than a year, without a warrant.

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Police tracked the computer’s IP address from the restaurant’s Wi-Fi system, which led officers to a man who lived near the restaurant and had given Simons a computer, according to a probable cause affidavit filed in Lane County Circuit Court. Investigators obtained a warrant to search the laptop in Simon’s home, relying on information they had collected over time. He was subsequently arrested.

On March 26, the court ruled warrantless internet surveillance on public Wi-Fi violates privacy.

In an opinion written by Justice Bronson D. James, the court held that the Oregon Constitution recognizes people have a right to privacy in their internet browsing activities and the right is not extinguished when they use a publicly accessible wireless network. It’s even true in cases where that access is conditioned on a person accepting a terms-of-service agreement that says a provider may monitor activity and cooperate with law enforcement, James wrote.

During criminal proceedings in the Lane County Circuit Court, Simons moved to controvert the warrant and suppress the evidence obtained by police, arguing the business was a “state actor for purposes of Article I, section 9, and that its year-long warrantless surveillance was an unconstitutional, warrantless search attributable to the state,” the Supreme Court opinion said.

The Circuit Court denied Simon’s motion. The Oregon Court of Appeals affirmed the trial court’s decision in part and stated Simons had no cognizable privacy interest in his internet activities performed on a third-party network.

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The Oregon Supreme Court rejected the state’s argument.

“The mere fact that a person accesses the internet through a public network does not eliminate their Article I, section 9, right to privacy in their online activities,” according to James. “Even when access is expressly conditioned on a user’s acceptance of terms-of-service provisions purporting to alert the user that the provider may monitor activity and cooperate with law enforcement.”

Justice K. Bushong suggested in a partial dissent the Court should reconsider its approach in a future case to what constitutes a “search” under the Oregon Constitution. The court’s decision reverses the Court of Appeals and sends the case back to the Lane County Circuit Court for further proceedings.

Simons has maintained his innocence since he was arrested in 2019.

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Simons had been a photographer for 6-year-old Colorado beauty queen JonBenét Ramsey a few months before her still-unsolved 1996 murder, the Associated Press reported in 1998.

In October 1998, Simons was arrested on a charge of indecent exposure in Lincoln County, Colorado. According to the book “Perfect Murder, Perfect Town” by Lawrence Schiller, Simons was arrested in 1998 for allegedly walking nude down a residential street in the small town of Genoa, Colorado. Simons allegedly offered to the arresting deputy unprovoked, “I didn’t kill JonBenét.” 

Haleigh Kochanski is a breaking news and public safety reporter for The Register-Guard. You may reach her at HKochanski@gannett.com.



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