Hope the opera isn't spending the money yet
The Portland tax for the arts passed at the ballot box last week, but that doesn't mean it's constitutional. We've been looking at the law in this area, and we are as convinced as ever that what's been passed is an unconstitutional head tax. We won't be laying out all of the legal arguments here, but one thing is for sure: There's no way the city is collecting $70 a year from our household without a protest. They won't have our money unless and until the Oregon Supreme Court tells us we have to pay it. See you in court, Sammy boy... no, wait, by then you'll be working at the Portland State Patronage Center. Guess we'll be seeing someone else.
Comments (9)
Does the tax have to be assessed before it can be challenged in court?
Posted by will | November 15, 2012 1:01 PM
“We need to educate every Portland resident about paying this,” says Jessica Jarratt Miller, executive director of Creative Advocacy Network, which backed the tax measure. “Educating people will require mailing a lot of information.”
Don't educate them; reeducate them. Send them to reeducation camp.
With a 61% passage rate, at the deepest level it looks like most Portlandians have already reeducated themselves.
Posted by sally | November 15, 2012 2:02 PM
I think when Portlanders find out the details, they may regret their "feel good" vote.
I support positive aspects of the arts, but did not support this head tax, and have mentioned before, the big brother aspect of this, in the city collections process
of not only the money, but of how many people live in a house and their income.
Posted by clinamen | November 15, 2012 4:07 PM
See you in court, Sammy boy... no, wait, by then you'll be working at the Portland State Patronage Center. Guess we'll be seeing someone else.
Sammy may have just created his new position, he may become the head of the city department to collect the head tax! Then what Jack? He may be coming to your household first to collect. I am sure he would be more than happy to add interest and a penalty.
Posted by clinamen | November 15, 2012 4:17 PM
Sam and a head tax? There's got to be a good joke in there some place. Where’s Bill McDonald when you need him?
Posted by Gil Slater | November 15, 2012 4:43 PM
Wasn't there an article somewhere too that state the "tax" is retroactive- So when the bill shows up in the mail, it will be for 2012 and 2013? $70/person, It's just the cost of art, baby!
This was the arrow in the side for me and Portland, just hoping it gets proven un-constitutional before I reach the door. Us "simpleton working folk" have little time to enjoy family, let alone whatever 'benefits' this garbage is supposed to bring.
Posted by chad | November 15, 2012 5:44 PM
Anyone ready to chip in for legal costs to fight this miserable tax? An initiative to repeal it has no chance but that's why we have a judicial system, to rule on the legality of laws.
Posted by Don Lief | November 15, 2012 9:04 PM
The way this council has been carrying on we could be collecting for legal costs continually. I agree this does need to be taken to the courts.
I wonder if those who promoted this ever thought that this collection and intrusion may eventually lead to people in the community feeling negative towards the arts?
I wouldn't be surprised if some artists were against this as well.
Posted by clinamen | November 15, 2012 11:12 PM
Does anyone know if a legal challenge is in the works? Aside from that, it's really disappointing (but not surprising) that this tax doesn't require a public benefit for the money being siphoned off to arts organizations. There should be a substantial number of public (no admission charge) events in return for the public money the organizations receive. Ordinary folks would then at least have the opportunity to benefit from this subsidy to affluent arts patrons.
Clinamen's comment about a possible backlash makes some sense. In the same vein, I stopped buying an annual family membership for the Chinese Classical Garden when it became necessary to pay for parking on Sunday afternoons. City Council might think the well is bottomless, but it isn't.
Posted by Matt | November 16, 2012 4:57 PM