After losing twice to Democraitc U.S. Rep. Andrea Salinas at the ballot box, Republican businessman Mike Erickson has suffered another defeat, at the Oregon Court of Appeals.
The appellate court ruled Wednesday that Salinas, who represents Oregon’s 6th Congressional Distict, didn’t defame the Republican candidate in a television spot claiming he was “charged with felony drug possession” when pulled over on suspicion of drunk driving in Hood River in 2016.
Appellate judges reversed a lower court’s decision and ordered the $800,000 defamation lawsuit dismissed.
It’s true that Erickson was never prosecuted for drug possession, but the ruling noted that jailers found an opioid pill in Erickson’s wallet following his arrest and an Oregon State trooper had suspected him of unlawfully possessing the pain pill.
Erickson didn’t have a prescription for the pill but said he had “gotten it from his wife,” according to the ruling. He pleaded guilty to DUII and entered a diversion program.
The appellate court said the word “charged” is regularly used as a synonym for “accused” and agreed that Erickson had, at least briefly, faced a drug possession accusation.
“We often turn to dictionaries to aid us in understanding the common meaning of words, and that exercise supports the broader, less formalistic understanding,” Presiding Judge Darleen Ortega wrote in the ruling.
Erickson filed the lawsuit against Salinas in October 2022, while battling for control of what was then Oregon’s newly created 6th District, which stretches south across the mid-Willamette Valley from Wilsonville to McMinnville and Salem.
Salinas asked Clackamas County Circuit Judge Todd Van Rysselberghe to strike down the lawsuit, but Van Rysselberghe ruled that it could go forward in December 2022. Salinas then appealed, setting up the appellate court battle.
Salinas beat Erickson in November 2022 and triumphed again during a 2024 match-up.
A spokesperson for the member of Congress said she was “pleased” to prevail in court.
“This decision reinforces important protections for political speech in Oregon,” added Elias Law Group partner Ben Stafford, who argued the case for Salinas.
Erickson’s camp didn’t respond to inquiries.
—Zane Sparling covers breaking news and courts for The Oregonian/OregonLive. Reach him at 503-319-7083, zsparling@oregonian.com or @pdxzane.
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