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Oregon City adopts permanent recreational immunity resolution after statewide law change
Summary
Following a state legislative fix to recreational immunity standards, the commission adopted Resolution 25-23 to opt into the permanent law; the resolution takes effect immediately, extending statutory protections to the city and its employees for covered recreational facilities and paths.
The Oregon City Commission on Wednesday voted to adopt Resolution 25-23, implementing the state’s permanent changes to recreational immunity and opting the city in to those protections.
City staff explained the action follows a high-profile court ruling in Newport that limited cities’ ability to invoke recreational immunity. A temporary legislative fix in February 2024 had been in place, and the legislature subsequently enacted a permanent change. "We are, as a city smaller than 500,000, needing to opt in in order to take advantage of the new protections offered," a city staff presenter said.
Staff explained the proposed resolution updates the city’s existing implementing resolution (which had referenced the 2024 temporary bill) to reflect the permanent statutory language. A staff member recommended approval so the city can "receive the benefits of this new law."
A commissioner moved to approve Resolution 25-23; the motion was seconded and approved on a roll call vote: Commissioner Wilson — aye; Commissioner Mitchell — aye; Commissioner Smith — aye; Mayor Mary McGrath — aye. The commission noted the resolution takes effect immediately.
Staff said the change restores a consistent standard allowing the city and its employees to rely on recreational-immunity protections for applicable city-owned parks and paths rather than leaving staff and councils exposed under prior case law.
