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Oregon Unconstitutionally Fined a Man $500 for Saying 'I am an Engineer,' Federal Judge Rules (vice.com) 331

A federal district court has ruled that the state of Oregon illegally infringed on a man's First Amendment rights for fining him $500 because he wrote "I am an engineer" in a 2014 email to the state's Engineering Board. The court ruled that the provision in the law he broke is unconstitutional, which opens the door for people in the state to legally call themselves "engineers." Motherboard reports: This dystopian saga dates back to 2013, when Mats Jarlstrom's wife, while driving, was caught by a red light camera near their home in Beaverton, Oregon. Rather than pay the red light camera fine, Jarlstrom, an electrical engineer, spent months researching the specifics of yellow light timing and red light cameras, and learned that his wife had likely been ticketed for running a yellow light. Jarlstrom began sharing his findings on his personal website, at conferences, and even got featured on 60 Minutes. He also wrote several emails to the Oregon Board of Engineers explaining what he had found. In the email, he noted that he was an "engineer."

Rather than looking into whether traffic light timing should be changed, however, the board sent Jarlstrom a warning -- and then a $500 fine for the crime of "practicing engineering without being registered." Jarlstrom had violated one of Oregon's "Title Laws," which states that "no persons may ... hold themselves out as an 'engineer'" unless they are an "individual who is registered in this state and holds a valid certificate to practice engineering in this state." Jarlstrom has a bachelor's degree in electrical engineering and spent his career working in electronics, but wasn't board certified. He sued the state's engineering board and, last week, a U.S. District Court judge for the District of Oregon ruled that the state's law is unconstitutional.
The judge wrote: "The statutes prohibit truthfully describing oneself as an 'engineer,' in any context. This restriction clearly controls and suppresses protected speech, and enforcement of the statute against protected speech is not a hypothetical threat. The term 'engineer,' standing alone, is neither actually nor inherently misleading. Courts have long recognized that the term 'engineer' has a generic meaning separate from 'professional engineer' and that the term has enjoyed 'widespread usage in job titles in our society to describe positions which require no professional training.'"

"The judge ordered that the word 'engineer' be struck from Oregon's law, which is 'substantially overbroad in violation of the First Amendment' and specifically noted that Jarlstrom may describe himself publicly and privately using the word 'engineer' and that he may continue to talk about traffic light timing publicly," reports Motherboard.
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Oregon Unconstitutionally Fined a Man $500 for Saying 'I am an Engineer,' Federal Judge Rules

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  • so $500 refund - 25K legal fees = big loss for him

    • by MobyDisk ( 75490 ) on Wednesday January 02, 2019 @05:24PM (#57894634) Homepage

      As a fellow engineer, but not a "professional engineer", I'll happily donate to his legal campaign, and I'll definitely give him an interview if his resume ever comes across my desk.

    • by dlleigh ( 313922 ) on Wednesday January 02, 2019 @05:24PM (#57894638)

      He'll get legal fees and maybe more.

      Because the judge ruled that the man's constitutional rights were infringed (the whole 1st amendment thing), the loser will almost certainly have to pay the man's legal fees. The man might be able to sue for other damages as well. I'm sure the news and intrawebs will be full of answers to this question soon.

      Maybe we'll even see TV ads from lawyers that say, "Have you been fined for calling yourself an engineer? You may be entitled to a large cash award. Call 1-800-SUE-4MNY".

      • can he also add in his red light ticket fine as well? or does he now have the right to fight it in court may be hard if the video is long gone.

      • Maybe we'll even see TV ads from lawyers that say, "Have you been fined for calling yourself an engineer? You may be entitled to a large cash award.

        Nah, there is no pain or suffering involved and there are no medical bills to pad with bogus "physical therapy". No lawyer would take this case on contigency.

      • by msauve ( 701917 )
        "Maybe we'll even see TV ads from lawyers that say, 'Have you been fined for calling yourself an engineer?...'"

        ITYM from hucksters calling themselves lawyers.
      • Mr. Simpson, don't you worry. I watched Matlock in a bar last night. The sound wasn't on, but I think I got the gist of it.

    • by b0s0z0ku ( 752509 ) on Wednesday January 02, 2019 @05:25PM (#57894646)
      Violation of the constitution gives him the right to sue the board ... hope he fucks them without lube.
      • by AmiMoJo ( 196126 )

        Can he sue the board for using the law as written? Surely the people at fault are the lawmakers who made an unconstitutional law... But even then, wouldn't they just claim that they acted in good faith?

        • Unless they didn't -- he was singled out for abuse because he attacked the state's source of revenue (red-light pig-cameras).
          • by AmiMoJo ( 196126 )

            Yeah... Proving that could be hard. Can get get discovery, get their internal emails etc?

    • by Dutch Gun ( 899105 ) on Wednesday January 02, 2019 @05:31PM (#57894688)

      This guy sort of sounds like the type who would go to the ends of the earth to prove his point if he feels he's right. People like him are often the catalyst for change. Good for him.

      Also, now I know not to piss off Swedish engineers.

    • by mysidia ( 191772 ) on Wednesday January 02, 2019 @05:45PM (#57894784)

      so $500 refund - 25K legal fees = big loss for him

      He'll probably get legal fees back plus punitive damages.

      They were involved in attempting to deprive him of first amendment free speech rights under color of statute, A violation of 42 U.S. Code 1983 - Civil action for deprivation of rights -
      Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress

      Civil Rights Attorney's Fees Awards Act of 1976 [cornell.edu] provides attorney's fees for:
      "any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [20 U.S.C. 1681 et seq.], the Religious Freedom Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S.C. 2000cc et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or section 12361 of title 34"

  • Subway (Score:5, Funny)

    by 24-bit Voxel ( 672674 ) on Wednesday January 02, 2019 @05:21PM (#57894616) Journal

    That's nothing, the guy at Subway who made my sandwich had the balls to call himself an "artist".

    • EVERYBODY at Disneyland is called an actor!
      • And the engineers are called "imagineers"
        • Not all of them. There's a separate division of Disney called "Walt Disney Imagineering" that deals with R&D stuff like ride design, theming, and such where the engineering staff uses the title "Imagineer", but the rank and file engineers that work for Disney on a given web site, financial system, or other mundane engineering task doesn't get to use the title.

    • Or when I asked for an engineer at the Apple Store in Oregon, the person said "We're not allowed to call ourselves engineers, we're only geniuses."

  • I'm an MCSE (Score:4, Funny)

    by rsilvergun ( 571051 ) on Wednesday January 02, 2019 @05:22PM (#57894618)
    Minesweeper Certified Solitaire Engineer.
  • My old MMD / QMED card has Junior Engineer as one of my endorsements. I worked with and for Licensed Engineers. Most PE's could not even qualify to take the exams needed to become Licensed Engineers.
  • by raymorris ( 2726007 ) on Wednesday January 02, 2019 @05:28PM (#57894670) Journal

    I thought the court would hold that the state may prohibit using the title "engineer" commercially, to solicit business, but could not prohibit calling oneself an engineer in other contexts. In fact, the court ruled much more broadly. The ruling is that title laws in general are questionable, and must be narrowly tailored. (Though "professional engineer" and 'registered professional engineer" are still regulated).

    Quoting here the part of the ruling that I found most interesting and surprising:
    ---
    The Title laws restrict constitutionally protected speech. While the Court need not reach the question of whether the Title laws are invalid in every application, the Title laws prohibit a substantial amount of protected speech. The record demonstrates that the threat to free expression is not merely hypothetical. Therefore, "from the text of [the law] and from actual fact," the Court holds that the Title laws are substantially overbroad in violation of the First
    Amendment. Virginia v. Hicks, 539 U.S. 113, 122 (2003)
    ---
    https://ij.org/wp-content/uplo... [ij.org]

    • by sjames ( 1099 ) on Wednesday January 02, 2019 @05:51PM (#57894826) Homepage Journal

      The judge likely wanted to be a bit more comprehensive since he could see that the board was quite willing to abuse any hint of a technicality.

    • >Though "professional engineer" and 'registered professional engineer" are still regulated

      Screw that. My job grade is "Principle Engineer", commonly called PE. Engineering is certainly my profession. I'm a professional engineer.
      If the state wants to make it illegal to claim a state certification that you don't actually have, then do that. So limit it to "Oregon state registered engineer". Anything more general is legit.

      • Similarly, project engineers are called PEs where I work, but no one there mistakes that title for a certified Professional Engineer that is required to sign off on something like a multi-hundred-million dollar satellite design. We have those kinds of engineers too, and the difference is made crystal clear when it actually matters.

        I'm a software engineer, and I've been paid to perform as such by legitimate companies for more than 30 years. Hence, the term "professional engineer" is wholly accurate in desc

  • engineer
    noun
    1. a person who designs, builds, or maintains engines, machines, or public works.

    verb
    1. design and build (a machine or structure).
  • by Locke2005 ( 849178 ) on Wednesday January 02, 2019 @05:35PM (#57894730)
    There is a lot of research that says the lights with cameras have the yellow light time a lot shorter than other lights, in order to maximize revenue. They should really replace the yellow light with a countdown timer before they can make people pay for entering the intersection a second after the light turns red! And yes, I've gotten caught be one of these in Tualitin myself, as I was hurrying to complete my right turn before the light went red.
    • by Solandri ( 704621 ) on Wednesday January 02, 2019 @05:50PM (#57894816)
      The solution to this is simple. Fines should not go into the government's general fund. They are punitive penalties for misbehavior against society. They should be put into a separate fund. Then on April 10 when you file you income taxes, the fund should be divided by the number of taxpayers, with each taxpayer receiving an equal share as a generic tax credit. In that way it's paid out directly to the people who were harmed by the initial violation. The government doesn't see a dime of it (giving it as a tax credit just reduces the need to send a check to every taxpayer), so the government's incentive for things like red lights is to time them to maximize safety, rather than to maximize revenue.
      • Fines should not go into the government's general fund. .... so the government's incentive for things like red lights is to time them to maximize safety, rather than to maximize revenue.

        Pshaw. It's OUR money, we're just letting you hold it for awhile. Don't believe us? Just look at who printed it. (Stupid peons.)

        Hey.....Heeeeeeeey. Those are some nice rights you've got there, it'd be a shame if something were to happen to them. Would you like to donate to my, I mean YOUR general tax fund?

      • There is a better solution and it has been in place in CA for many years. Require a minimum time for the yellow light based on the applicable speed limit. This must be combined with laws that prevent speed limits being set too low.

        There is a second component which is also important: require that contracts for the installation of automated camera systems be revenue neutral: the amount that the company is paid to install and operate the cameras is unrelated to the amount of fines collected.

      • The people in government should be fined personally for pulling this putinshit against him. Heads need to roll.

    • by hawguy ( 1600213 )

      There is a lot of research that says the lights with cameras have the yellow light time a lot shorter than other lights, in order to maximize revenue. They should really replace the yellow light with a countdown timer before they can make people pay for entering the intersection a second after the light turns red! And yes, I've gotten caught be one of these in Tualitin myself, as I was hurrying to complete my right turn before the light went red.

      No timer is needed -- the yellow should give ample time for someone driving the speed limit to either stop before they reach the intersection, or continue through without conflicting with other traffic.

      So the driver has to make only one decision: "Can I stop safely before I reach the intersection", if the answer is "yes", he should stop, if "no" he should go. He shouldn't have the extra cognitive burden of calculating "is 7 seconds enough time to stop? Now there's only 3 seconds, if I speed up, I think I c

      • by epine ( 68316 )

        "Can I stop safely before I reach the intersection", if the answer is "yes", he should stop, if "no" he should go.

        You can't stop safely if you peg the brakes and the person behind you is just finishing a lane change, or typing a text message.

        I tend to apply the principle of least surprise. The safest action is usually the one that least surprises all the cars around you vying to trade paint.

        The bright-line yellow light rule is a stupid rule to fetish over, in any case.

        A good rule to fetish over is not enter

        • by hawguy ( 1600213 )

          "Can I stop safely before I reach the intersection", if the answer is "yes", he should stop, if "no" he should go.

          You can't stop safely if you peg the brakes and the person behind you is just finishing a lane change, or typing a text message.

          yes, I thought that part was obvoius -- if you can't stop safely, then you're not stopping safely. A safe stop is not stomping on the brakes and coming sliding to a halt and the yellow light timing should never require that. However, you don't have much time to decide what to do about the cars behind you -- you might need to decide between getting rear-ended and blowing a red light (which might put you in a position where you hit another car or pedestrian)

          Nothing screams life of the party like entering an intersection on the green, and still being trapped inside the intersection after the red. Is that even a ticket? Well, if you need to know (I don't), ask a grammar Nazi near you.

          Yes, that can (and should) get you a ticket, at le

        • And in fact, traffic light cameras don't decrease the total number of accidents. They just replace T-bone collisions with less harmful rear end collisions, as people slam on the brakes to avoid getting caught by the camera! Still seems like a revenue scam to me.
    • by psnyder ( 1326089 ) on Wednesday January 02, 2019 @07:19PM (#57895410)

      They should really replace the yellow light with a countdown timer

      While this sounds good at first, it will kill people.

      Tests have shown that timers on red lights decrease road rage, and people drive safer. (Probably because waiting, while seeing the countdown for the end of the wait, is less aggravating then waiting at a long traffic light without knowing when it will end.)

      Similar tests show that when timers are on green lights, people speed up toward the end, trying to get there before it changes, and driving more recklessly.

      Putting timers on yellow lights would be similar or worse to timers on green lights.

      With car accidents being one of the leading causes of death and dismemberment, it's not hyperbole to say that we could save a number of lives by passing legislation for traffic lights requiring timers on red, and making timers illegal on yellow and green.

      There is a problem with yellows on lights with cameras, but a timer for yellow is not the solution.

  • the truth is (Score:5, Insightful)

    by renegade600 ( 204461 ) on Wednesday January 02, 2019 @05:42PM (#57894764)

    he was able to prove tickets were being written for those who legally pass through the lights. This means the city was going to lose money and the camera company was going to lose money too if changes were made. They had to do what they could to discredit and shut him up. It did not work.

    • he was able to prove tickets were being written for those who legally pass through the lights. This means the city was going to lose money and the camera company was going to lose money too if changes were made. They had to do what they could to discredit and shut him up. It did not work.

      And that's why all red-light cameras (and their operating company) are banned in NJ.

    • he was able to prove tickets were being written for those who legally pass through the lights. This means the city was going to lose money and the camera company was going to lose money too if changes were made. They had to do what they could to discredit and shut him up. It did not work.

      The NHTSA has certain rules and regulations that you have to follow in order to get state funding for interstates and things of that nature. The best way to fight something like this is to file a civil lawsuit against the municipality and the company involved. If a judge rules against them and indicates that they are violating NHTSA regulations then the entire state would have to pay back the money it has received from the federal government in the time that it was not compliant. No, I am not a lawyer, b

  • ... fighting the battle that only people who pass the PE exam are allowed to call themselves an '"engineer". The title has become so diluted over the years that continuing to come after people for describing their occupation using the "E" word is nothing less than ridiculous.

  • Maybe all the schools should rename the faculties if they are not turning out engineers.

  • On the other hand, I do think that anyone who casually calls him/herself a software engineer should be questioned aggressively, as I find people who adopt that title have nowhere near the concern and care for the performance of their designs that a real engineer should...
  • Similar laws in Florida for nursing and doctors: you can't say you're one unless you hold the license for the sake of public safety. There's a discussion going on right now for the growing number of DNPs (Doctor of Nursing Practice) who can say "I'm Dr. Ratchet!" but will it mislead patients in making decisions regarding their care.

    So should you be licensed before you say you're an engineer and build something that will fail? Would it put the public at risk?

  • by Pyramid ( 57001 ) on Thursday January 03, 2019 @01:34PM (#57899552)

    Regardless if he was a licensed PE, a practicing engineer or a fry cook, if his measurements and conclusions were valid and repeatable, his voice should be heard. It's highly likely the only reason he was using his "Engineer" title was to lend credence to his fact finding and problem solving skills. I.E. to get the attention of dismissive bureaucrats.

  • by Tjp($)pjT ( 266360 ) on Thursday January 03, 2019 @03:38PM (#57900422)
    In NH I had to change my corporate identity when I moved there from Michigan because the word "Engineering" was in the company name, and NH said I needed an electrical (not electronic) power engineer or civil engineer / architect to be in the leadership of the company. A Computer Science / Electronics engineer didn't qualify.

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