08/28/2008

By BRAD CAIN  / Associated Press

SALEM, Ore. AP) — A judge on Wednesday upheld new limits on lobbyist gifts under Oregon's government ethics law.

Portland lobbyist John DiLorenzo challenged the gift limits, saying they unconstitutionally restrict lobbyists' free expression rights.

But Marion County Circuit Judge Joseph Guimond ruled that the gift limits are constitutional and necessary to avoid any appearance that government officials are being bribed by gifts.

Under the new law, lobbyists can no longer spend more than $50 on each public official or legislator in a given year. Footing the bill for entertainment such as golf and concert tickets also is banned.

The new lobbying law was approved by the 2007 Legislature after advocates said it was needed to restore public confidence in government after a half dozen or so state lawmakers failed to disclose trips paid for by special interests to Maui and other locales in 2002 and 2004.

DiLorenzo said he would appeal Guimond's ruling on grounds that lobbying amounts to constitutionally protected "political expression," and that the limits are overly restrictive and will interfere with lobbyists' ability to communicate with lawmakers.

"It is our view that these lobbyist expenditures are speech," DiLorenzo said in an interview. "As a result, the Oregon Constitution prevents the Legislature from impairing that speech."

Guimond agreed with attorneys for the state, however, who said the Legislature has the authority to regulate such gifts. They note that the Oregon Supreme Court has said expression can be regulated if it is incompatible with a public official's duties.

"The gift restrictions are in place to prevent the appearance of corruption in political processes," the judge said in his ruling.

Plus, he noted that the law still allows lobbyists to spend $50 a year on a public official or legislator.

"Thus, the restrictions place reasonable limitations on gifts, rather than completely prohibit gifts," the judge said.

Besides imposing the tougher gift limits, the new ethics law requires more frequent spending reports by lobbyists, raises potential fines from the current $1,000 to $5,000 per ethics violation and requires a waiting period before legislators can become lobbyists.