Our esteemed colleague, fellow attorney, and friend, Jack Bogdanski has filed a lawsuit against the City of Portland over the recently enacted art tax. The lawsuit, filed in Oregon Tax Court, claims that the tax violates Oregon’s Constitutional (see, Article IX) ban against a head or poll tax. Read more about the lawsuit here, or here, or here. Read Mr. Bogdanski’s fantastic blog here.
While the Mayor’s office has remained mum on the lawsuit thus far, they apparently have been working to amend the tax to address some of the same issues raised by the lawsuit. While another esteemed colleague, fellow lawyer, and excellent Judge, The Honorable John Wittmayer, already ruled on a similar argument last summer, we here at RG, LLP have little doubt that Bojack knows what he’s talking about. (Though we also must admit that Judge Wittmayer’s smart as whip, too.) All I can say is if it wasn’t for Jack, I never would have passed the tax portion of the bar exam. By the way, thanks for that Jack, not sure I ever got the opportunity to properly thank you for that one.
As criminal defense, personal injury, and employment trial lawyers, we try to stay away from the tax stuff, but good luck! If it violates the Oregon Constitution, it should be fixed. Let’s hope that between the mayor’s office, the tax court, and whomever else is supposed to be in charge, we can get this right.