Plaintiffs argue that the only purpose for ORS 480.310 to 480.385 is for the safety of consumers. The state responds:
"One has only to read ORS 480.315, however, to discern that safety is not the only objective the legislative [sic] declared it was seeking to advance by enacting a general prohibition balanced by certain enumerated exceptions. The legislature's detailed declaration of the public policies sought to be served, including economic considerations, is critical in resolving this case."
ORS 480.315 provides:
"The Legislative Assembly declares that, except as provided in ORS 480.345 to 480.385, it is in the public interest to maintain a prohibition on the self-service dispensing of Class 1 flammable liquids at retail. The Legislative Assembly finds and declares that:
"(1) The dispensing of Class 1 flammable liquids by dispensers properly trained in appropriate safety procedures reduces fire hazards directly associated with the dispensing of Class 1 flammable liquids;
"(2) Appropriate safety standards often are unenforceable at retail self-service stations in other states because cashiers are often unable to maintain a clear view of and give undivided attention to the dispensing of Class 1 flammable liquids by customers;
"(3) Higher liability insurance rates charged to retail self-service stations reflect the dangers posed to customers when they leave their vehicles to dispense Class 1 flammable liquids, such as the increased risk of crime and the increased risk of personal injury resulting from slipping on slick surfaces;
"(4) The dangers of crime and slick surfaces described in subsection (3) of this section are enhanced because Oregon's weather is uniquely adverse, causing wet pavement and reduced visibility;
"(5) The dangers described in subsection (3) of this section are heightened when the customer is a senior citizen or is disabled, especially if the customer uses a mobility aid, such as a wheelchair, walker, cane or crutches;
"(6) Attempts by other states to require the providing of aid to senior citizens and the disabled in the self-service dispensing of Class 1 flammable liquids at retail have failed, and therefore, senior citizens and the disabled must pay the higher costs of full service;
"(7) Exposure to toxic fumes represents a health hazard to customers dispensing Class 1 flammable liquids;
"(8) The hazard described in subsection (7) of this section is heightened when the customer is pregnant;
"(9) The exposure to Class 1 flammable liquids through dispensing should, in general, be limited to as few individuals as possible, such as gasoline station owners and their employees or other trained and certified dispensers;
"(10) The significantly higher prices typically charged for full-service fuel dispensing in states where self-service is permitted at retail:
"(a) Discriminate against customers with lower incomes, who are under greater economic pressure to subject themselves to the inconvenience and hazards of self-service;
"(b) Discriminate against customers who are elderly or handicapped who are unable to serve themselves and so must pay the significantly higher prices; and
"(c) Increases self-service dispensing and thereby decreases maintenance checks by attendants, which results in neglect of maintenance, which endangers both the customer and other motorists and results in unnecessary and costly repairs;
"(11) The increased use of self-service at retail in other states has contributed to diminishing the availability of automotive repair facilities at gasoline stations;
"(12) Self-service dispensing at retail in other states does not provide a sustained reduction in fuel prices charged to customers;
"(13) A general prohibition of self-service dispensing of Class 1 flammable liquids by the general public promotes public welfare by providing increased safety and convenience without causing economic harm to the public in general;
"(14) Self-service dispensing at retail contributes to unemployment, particularly among young people;
"(15) Self-service dispensing at retail presents a health hazard and unreasonable discomfort to the handicapped, to elderly persons, small children and those susceptible to respiratory diseases;
"(16) The federal Americans with Disabilities Act, Public Law 101-336, requires that equal access be provided to disabled persons at retail gasoline stations; and
"(17) Small children left unattended when customers leave to make payment at retail self-service stations creates a dangerous situation."
In light of ORS 480.315 and our holding in Atlantic Richfield Co., plaintiffs concede that the legislature rationally could be concerned about the safety of those who dispense gasoline. However, they argue that none of the statutory exceptions to the general prohibition against self-service gasoline are consistent with the concern about consumer safety except for ORS 480.345(5). That statute provides for the dispensing of gasoline by nonretail customers who have satisfied safety training requirements in compliance with rules of the State Fire Marshal. The result of plaintiffs' argument, if adopted, is that all other statutory exceptions would be declared void; while, the retention of the safety-training provision would mean that self-service would remain generally prohibited except for those who participated in safety training.(2)
.. I guess my real question is.... Why the law? Anyone know?
