By Bill Hassell
Today, April 23, 2024, at the Rockaway Beach Wayside, Counselor Mary McGinnis, Public Works Superintendent Dan Emerson and Planning Commission President Bill Hassell carry away the No Access sign that went up earlier this year due to lawsuits and insurance coverage for cities regarding “recreational immunity.”
On July 6, the Oregon Court of Appeals issued an opinion in the Fields v. City of Newport case, effectively ending recreational immunity for improved trails and striking it down as an “immunity” that protects public and private landowners from lawsuits. The City of Newport asked the Oregon Supreme Court to overrule the Court of Appeals and restore the portions of recreational immunity that were lost.
Then, on October 5, 2023, the Oregon Supreme Court officially declined to review the Court of Appeals’ decision in Fields. This action, called “review denied” functions as a de facto endorsement by the Oregon Supreme Court of the Oregon Court of Appeals’ decision striking down recreational immunity for paths to recreational areas.
As a result, insurance companies required municpal/city/county property owners to block access or put up signage to recreational areas or face loss of coverage.
Last month, Governer Kotek signed a bill that grants “recreational immunity” to landowners who allow free access for biking, running and walking. Insurance companies then lifted the ban for recreational immunity protection and the signs could be removed.
This is a temporary measure that must be permanently addressed during the current legislative session.
https://www.opb.org/article/2024/03/29/recreational-immunity-oregon/
Here’s the Pioneer’s Neal Lemery’s article about the issue – https://www.tillamookcountypioneer.net/its-not-just-a-walk-to-the-beach/