Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on March 17, 2012 10:45 PM. The previous post in this blog was At the little big dance. The next post in this blog is Censored in Portland. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Saturday, March 17, 2012

Quotation of the Day

The Portland Loo symbolizes intelligent municipal government.... The Loo shows how government can become a profitable resource rather than a net spender.

It also symbolizes illegal governmental spending of ratepayer dollars. Or so a judge will soon be called on to decide.

Comments (34)

The Loos were designed and built with city general fund dollars.

Check out the tags at the end of the article: "Portland" & "Toilet."

The Loos were designed and built with city general fund dollars.

We all hope that that's what the court finds.

It's certainly being publicized with water bureau funds.

The official brochure seems to be coming from the water bureau.

More water bureau involvement in commercializing the loo here. But apparently no water rates go toward any of it. Hard to believe.

"We're hoping that this can be a profitable project and that we can lower the rates at the water bureau, what they have to pay for their water bills."

Then there are the maintenance costs...

It's such a great lawsuit. Best thing that's happened in Portland in a decade or more.

Thanks to about Randy Leonard.

Randy cares not a whit for the niceties of legal and illegal.

Another example is the farcical attempt - and the fees paid pursuing it - to patent the Loos.

A government can't copyright or patent squat.

Gotta love Randy - never let a law get in the way of doing what you want.

He can't leave too soon.

I believe the loos are patented. The document I saw lists the inventor as Charles R. Leonard, a.k.a. Randy.

At least Randy assigned the patent to the city of Portland.

However I see no inventor listed except Randy. That means he is saying that he and he alone created the entire part of the invention claimed as original.

It appears to be an application, not an issued patent - am I missing something (its been a few years since I paid attention to patents)?


Can we see the rest of the page - the part with the patent number?

(This may be a learning experience for meas, like I said, I haven't paid attention to patents for a few years)


The patent (number D622,408 which has issued) is a design patent. This has the economic significance of a new chair design.

"Profitable resource" suggesta that Randy has sold a sufficient number of loos to paying customers to cover his overhead (design/I.P./manufacturing etc.)...

I call bull***t. Unless some municipal authority has purchased hundreds of loos which I haven't read about.

If we later learned that Randy is turning a profit on the Loos, that would make sense.

I'm relieved (sorry) to know that it's a design patent and not a patent. For a few minutes there it was looking as if Randy Leonard had invented the toilet.

Simple way to figure out who is right here Mr Leonard, open the books....

He may not have invented the toilet, but let's give Randy L credit for finding unique ways to flush tax dollars down it.

"The Portland Loo symbolizes intelligent municipal government...."

I thought it was obvious that Randay's smarter than all of us put together. Just ask him.

At least the loos will give the 1/3 that don't graduate HS here someplace to hang out and make deals.

I wonder if Water Bureau employees Anna Hill and Anne DiBenedetto will be subpoenaed with their time cards? Their time spent designing, commercializing, managing the Loo must astronomical.

And if the Loo is "simple to install" as the brochure says, then why did water bureau engineer David Gray need to go to Victoria to help install it?:

"INSTALLATION" "One water supply and one sewer connection are all that are required to make the Portland Loo operational"

Will Gray need to be sent again to apply lubricant to the door hinges as stated in the "MAINTENANCE" PR, to keep the 1 year warranty valid?

"At least the loos will give the 1/3 that don't graduate HS here someplace to hang out and make deals." Then let us call them "The Boardroom" and Randy is the "Chairman of the Board"

S8edriver: The patent (number D622,408 which has issued) is a design patent.
JK: Thanks - that finds a PDF that looks like a patent.

Again, Randy is claiming to be the sole, complete and only inventor.

And all that is patented is the look of the thing as shown in the drawings - not the technology or operation.

Another patent, on the operation, may be in the works, but it will have to get around this (and all the others on the prior art list):

US Patent #6,615,414 (Martha Miller in Georga):
The present invention is a portable sanitation device comprising a stall that houses and maintains a conventional toilet. Coupled to the toilet is a water source and coupled to the stall is a removable and separate septic tank. The water source will render a flushable unit that permits the waste to travel from the toilet to a separate and removable septic tank. Other features can be added for enhancing the present invention, such as, but not limited to: a sink coupled to the water source; a light source interiorly and/or exteriorly located; a urinal coupled to the water source; a tissue dispensing apparatus; a soap dispenser; a vent; shower head coupled to the water source; a capacity gauge coupled to the septic tank; and a by-pass valve located within the waste line of the toilet to the septic tank for enabling capability of by-passing the septic tank and tapping into an existing sewage line.

Miller even describes adding solar power (how very Portland for Georgia!)


Randy has a patent for a crapper......

His parents and Al Bundy must be so proud!

It never ceases to amaze me how wasteful the water bureau continues to be. In this month's bill, received around 3/10, were two "helpful" winterizing inserts. How is it intelligent municipal government to send out winterizing propaganda in March? This should have gone out in November. They were promptly escorted out to the blue recycle bin. Maybe they can add this wasteful use of water and sewer funds to the suit.

Wow, just wow. This is crazy. I blame myself. I pay Portland about $200/month for water and stormwater, and about $500/month for the Portland-component of my property taxes. I'm looking for an exit strategy.

Both a design patent and a utility patent were filed for "Public Restroom".

Design -- issued as Aug. 24, 2010 as U.S. Design Patent No. D622,408 and covers the appearance of the loo.

Utility -- filed Jan. 22, 2010 (although based on an earlier filing from Jan. 27, 2009) and is currently pending. No patent has yet issued, and in fact the U.S. Patent and Trademark Office has NOT yet examined the patent application. The application has simply been published for public disclosure 18 months after the earlier filing as required by law.

I did not work on this patent application but, as a patent attorney, I know how to read one. Utility patents are filed to cover the structure and operation of an invention. In the instance of the Portland Loo, the utility patent application claims coverage for the combination of louvered upper and lower walls, an occupancy sensor triggering one of two light colors, roof-mounted photovoltaic panel coupled to light sources and sensors, a toilet, and a sink. I am, of course, summarizing as the exact structure is described in the claims of the patent application and a patent examiner will determine whether those claims are (1) new, and (2) non-obvious in view of prior art such as the '414 patent that JK noted in the comment above.

But as the money is already spent, I am hoping this patent ultimately issues and the city can make use of it. Otherwise, they're just flushing cash down to loo (so to speak).

Scott Schaffer, how much would you estimate the City taxpayers have spent for all these patent claims, and will spend to complete?

You say the "Loos were designed and built with general fund dollars" yet the City Attorney's preliminary response to the lawsuit (March 2013)says" From Fiscal Year 2008-2009 through FY 2010-11 the Water Bureau's capital investment in construction of Portland Loos or street toilets, including capitalized overhead, came to $101,434.
O&M for the same period, $75,000 with $60,000 for 2011-12.
The City Attorney did not provide information for the period prior to 2008-09.

lawsuit response date in last post should read March 2012, obviously not 2013

General fund and PDC contribution during same period noted above as reported by the City total $650,000.

In their lawsuit response letter intro statements City Attorney Thatcher says that there "may have been some errors during the information collection process and the numbers I provide would reflect those". So in other words the information provided may not be reliable.

How much money spent on patents thus far?

Probably around $10,000 for both the utility and design patent. Could be another $5000 over the next two years to prosecute the utility patent until it issues. At the very least, another $1000.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Lange, Pinot Gris 2015
Kiona, Lemberger 2014
Willamette Valley, Pinot Gris 2015
Aix, Rosé de Provence 2016
Marchigüe, Cabernet 2013
Inazío Irruzola, Getariako Txakolina Rosé 2015
Maso Canali, Pinot Grigio 2015
Campo Viejo, Rioja Reserva 2011
Kirkland, Côtes de Provence Rosé 2016
Cantele, Salice Salentino Reserva 2013
Whispering Angel, Côtes de Provence Rosé 2013
Avissi, Prosecco
Cleto Charli, Lambrusco di Sorbara Secco, Vecchia Modena
Pique Poul, Rosé 2016
Edmunds St. John, Bone-Jolly Rosé 2016
Stoller, Pinot Noir Rosé 2016
Chehalem, Inox Chardonnay 2015
The Four Graces, Pinot Gris 2015
Gascón, Colosal Red 2013
Cardwell Hill, Pinot Gris 2015
L'Ecole No. 41, Merlot 2013
Della Terra, Anonymus
Willamette Valley, Dijon Clone Chardonnay 2013
Wraith, Cabernet, Eidolon Estate 2012
Januik, Red 2015
Tomassi, Valpolicella, Rafaél, 2014
Sharecropper's Pinot Noir 2013
Helix, Pomatia Red Blend 2013
La Espera, Cabernet 2011
Campo Viejo, Rioja Reserva 2011
Villa Antinori, Toscana 2013
Locations, Spanish Red Wine
Locations, Argentinian Red Wine
La Antigua Clásico, Rioja 2011
Shatter, Grenache, Maury 2012
Argyle, Vintage Brut 2011
Abacela, Vintner's Blend #16 Abacela, Fiesta Tempranillo 2014
Benton Hill, Pinot Gris 2015
Primarius, Pinot Gris 2015
Januik, Merlot 2013
Napa Cellars, Cabernet 2013
J. Bookwalter, Protagonist 2012
LAN, Rioja Edicion Limitada 2011
Beaulieu, Cabernet, Rutherford 2009
Denada Cellars, Cabernet, Maipo Valley 2014
Marchigüe, Cabernet, Colchagua Valley 2013
Oberon, Cabernet 2014
Hedges, Red Mountain 2012
Balboa, Rose of Grenache 2015
Ontañón, Rioja Reserva 2015
Three Horse Ranch, Pinot Gris 2014
Archery Summit, Vireton Pinot Gris 2014
Nelms Road, Merlot 2013
Chateau Ste. Michelle, Pinot Gris 2014
Conn Creek, Cabernet, Napa 2012
Conn Creek, Cabernet, Napa 2013
Villa Maria, Sauvignon Blanc 2015
G3, Cabernet 2013
Chateau Smith, Cabernet, Washington State 2014
Abacela, Vintner's Blend #16
Willamette Valley, Rose of Pinot Noir, Whole Clusters 2015
Albero, Bobal Rose 2015
Ca' del Baio Barbaresco Valgrande 2012
Goodfellow, Reserve Pinot Gris, Clover 2014
Lugana, San Benedetto 2014
Wente, Cabernet, Charles Wetmore 2011
La Espera, Cabernet 2011
King Estate, Pinot Gris 2015
Adelsheim, Pinot Gris 2015
Trader Joe's, Pinot Gris, Willamette Valley 2015
La Vite Lucente, Toscana Red 2013
St. Francis, Cabernet, Sonoma 2013
Kendall-Jackson, Pinot Noir, California 2013
Beaulieu, Cabernet, Napa Valley 2013
Erath, Pinot Noir, Estate Selection 2012
Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
Abacela, Fiesta Tempranillo 2013
Des Amis, Rose 2014
Dunham, Trautina 2012
RoxyAnn, Claret 2012
Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
Domaines Bunan, Bandol Rose 2015
Albero, Bobal Rose 2015
Deer Creek, Pinot Gris 2015
Beaulieu, Rutherford Cabernet 2013
Archery Summit, Vireton Pinot Gris 2014
King Estate, Pinot Gris, Backbone 2014
Oberon, Napa Cabernet 2013
Apaltagua, Envero Carmenere Gran Reserva 2013
Chateau des Arnauds, Cuvee des Capucins 2012
Nine Hats, Red 2013
Benziger, Cabernet, Sonoma 2012
Roxy Ann, Claret 2012
Januik, Merlot 2012
Conundrum, White 2013
St. Francis, Sonoma Cabernet 2012

The Occasional Book

Marc Maron - Waiting for the Punch
Phil Stanford - Rose City Vice
Kenneth R. Feinberg - What is Life Worth?
Kent Haruf - Our Souls at Night
Peter Carey - True History of the Kelly Gang
Suzanne Collins - The Hunger Games
Amy Stewart - Girl Waits With Gun
Philip Roth - The Plot Against America
Norm Macdonald - Based on a True Story
Christopher Buckley - Boomsday
Ryan Holiday - The Obstacle is the Way
Ruth Sepetys - Between Shades of Gray
Richard Adams - Watership Down
Claire Vaye Watkins - Gold Fame Citrus
Markus Zusak - I am the Messenger
Anthony Doerr - All the Light We Cannot See
James Joyce - Dubliners
Cheryl Strayed - Torch
William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 5
At this date last year: 3
Total run in 2017: 113
In 2016: 155
In 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics