PORTLAND, Ore. — A preschool near Multnomah County's planned deflection center is suing to block the opening of the facility, following through on an earlier threat of legal action. Escuela Viva Community School filed the lawsuit Monday, listing the county as a defendant along with Chair Jessica Vega Pederson, District Attorney Mike Schmidt and Sheriff Nicole Morrisey O'Donnell.
A letter from the school's attorney earlier this month demanded that the county abandon its planned Sept. 1 opening date, arguing that it was rushed and arbitrary. The county did so last week, pushing the opening back to mid- to late October, but county officials specified that the delay was due to staffing and preparation issues and not the threat of a lawsuit.
The facility will be a physical hub for the county's deflection program, where people arrested for drug possession can be dropped off if they agree to treatment in lieu of jail. The deflection program is part of Oregon House Bill 4002, which recriminalizes drug possession starting Sept. 1 — that's why the county was originally aiming for that date to open the center.
Escuela Vida is located two blocks east of the planned deflection center site at 900 Southeast Sandy Blvd. The lawsuit describes it as a bilingual child care center and preschool serving about 75 children, as well as the only preschool and child care center in Portland's central eastside.
The lawsuit reiterates some of the objections listed in the letter, including alleging that the county staff and the leaders named in the lawsuit violated Oregon's public meetings law by developing the deflection program and deflection center plan through a series of private meetings without sufficient public notice or input.
In particular, the lawsuit alleges that the county's leadership team tasked with developing the center held regularly scheduled meetings where they deliberated and took votes to set policy, and required a quorum of the team's members to be present for any votes, meaning the gatherings qualified as official meetings under the public meetings law.
"I think you’ve heard overwhelming calls for transparency in the process," said David Watnick, the attorney representing the school. "Obviously my client, Escuela Viva, is not happy with how that process has played out so far. I know other people are really frustrated as well and I think, bare minimum, the process just needs to be out in the open."
Watnick also wrote the earlier letter on behalf of Escuela Vida. He's the parent of two children at the school, and previously spoke to KGW in July to voice concerns about the deflection center plan. He was also one of several parents who testified against the plan at the Multnomah County Commission's July 25 meeting.
The lawsuit seeks a court order to void all decisions made by the leadership team and any decisions made by the county to adopt the plans developed by the team, and to compel the county to hold any future deflection planning meetings in a public setting. It also seeks attorney fees.
Watnick said the lawsuit isn't trying to directly block the opening of the center because the county's delay makes the issue less urgent, but added that he and his clients are "watching very carefully" and could still take that route in in the future if necessary.
"The process just needs to be out in the open, so we know what they’re deciding and why they’re deciding it," he said. "Everything has been behind closed doors and just delivered to us after the fact."
When KGW reached out, Multnomah County said that it does not comment on pending or active litigation.