Article

2017-04-28 -Short Attention Span Theater-

Imagine you told someone you were an accountant or an attorney as a way to explain that you had relevant expertise to a discussion, then got fined $500 for it. You'd probably be pretty livid. Especially if you went to law school or graduated with a degree in accounting.
So in Oregon if you don't have a license you can't even talk about a subject? The next step is a license to talk.
Yet that's what happened to Mats Järlström of Beaverton, Oregon, when he reached out to the state to talk about how the yellow lights at traffic signals weren't on for long enough and represented a risk to public safety.
Public safety be hanged! We have to protect our phony-baloney jobs!
This email resulted not with a meeting, but with a threat. The Oregon State Board of Examiners for Engineering and Land Surveying responded with this dystopian message:
"ORS 672.020(1) prohibits the practice of engineering in Oregon without registration ... at a minimum, your use of the title 'electronics engineer' and the statement 'I'm an engineer' ... create violations."
I'm a Martian. Sue me.
In January of this year, Järlström was officially fined $500 by the state for the crime of "practicing engineering without being registered."
You need a license for that opinion! Off with his head!
Now, to be clear, Järlström wasn't seeking pay for his efforts. All of his research has been on his own time and he was simply presenting the information as a private citizen.
We don't take input from mere citizens, you must bring us a shrubbery!
However, he's been fined.
"Gimme yer dough!"
"Is this a holdup?"
"No, it's a fine!"
Occupational licensing laws exist, in theory, to protect the public from improperly trained individuals putting the public at risk. It's how we make sure doctors and structural engineers actually know what they're doing so people don't die.
That Latin phrase you're probably looking for is "ad absurdum."
Unfortunately, here it's being applied to a man who was trained as an electronics engineer, which means he's not presenting himself as anything other than what he is. Since he's not trying to seek monetary gain from his efforts--in other words, he's not trying to use engineering as an occupation--an occupational license is beyond ridiculous.
That's what I just said.
Järlström is now filing a lawsuit over the situation.
As well he should.
And yet, the engineering board in Oregon says he should not be free to publish or present his ideas. Tuesday, Järlström and the Institute for Justice sued the engineering board in federal court for Violating his First Amendment rights.
An organ grinder without a license is not an organ grinder, whether his monkey dances or not.
"Mats has a clear First Amendment right to talk about anything from taxes to traffic rights," Sam Gedge, an attorney for the Institute for Justice, told me. "It's an instance of a licensing board trying to suppress speech."
A farmer without a license couldn't sell his crop. I'm not even sure he could weed.
Järlström, for his part, said he never expected anything like this to happen when he moved to the United States from Sweden 20 years ago.
"Ya, shure, t'ings is gøøfy in Swëden, but here dere're different gøøfy."
I'm sure he didn't. However, here's hoping the courts step up and remind the engineering board that free speech is still free.

Posted by Deacon Blues 2017-04-28 00:00|| || Front Page|| [11131 views ] Top

#1 A farmer without a license couldn't sell his crop. I'm not even sure he could weed.

I'm certain some weed was killed, injured or abused in this series of events.

Posted by Skidmark 2017-04-28 02:20|| 2017-04-28 02:20|| Front Page Top

#2 There's no PE license available in Oregon for electronics engineer, just Electrical Engineer or Computer Engineer, so I'm not sure he's actually even legally misrepresenting himself. That said, we licensed PE's (mine's Civil) take misrepresenting or insinuating pretty seriously, even if it's not for financial gain. I think the Board here is off-target and should back off before the serious ridicule sets in

Posted by Frank G 2017-04-28 09:05|| 2017-04-28 09:05|| Front Page Top

#3 He wouldn't be misrepresenting himself if his statement was that he 'was trained as an electronics engineer'. We don't know how the initial dialog went as they didn't publish his original communication, but it does not seem that he described himself appropriately or correctly.

I agree Frank, calling himself an 'engineer', 'electrical engineer', or 'electronics engineer' without the above 'trained as' caveat, would indeed be improper and/or illegal, depending on the jurisdiction.

Posted by Mullah Richard 2017-04-28 09:40|| 2017-04-28 09:40|| Front Page Top

#4 A quick google reveals that only about 20% of engineers bother to get the Professional Engineer license, and the number is only that high because about 60% of civil engineers and those in related fields do so. The rest are no less engineers, and no less entitled to describe themselves so. They just cannot call themselves PEs, just like all those perfectly valid working accountants who are not CPAs. Likewise, while anyone can write a legally binding contract or will without a law degree, or represent himself in court -- going to law school merely increases the odds of not making dangerous mistakes -- but without passing the law exam he cannot call himself a lawyer.

This is idiotic.

Posted by trailing wife 2017-04-28 11:24|| 2017-04-28 11:24|| Front Page Top

#5 It may seem to be, TW. The issue that many licensed engineers have with the non-licensees is the accountability.

We (in this part of the woods anyway) are required to carry personal 'Errors and Omissions' coverage, or have overall corporate coverage if considered an 'Engineering Firm', for our designs as part of the licensing criteria. Many (if not most) unlicensed folks around here don't carry it as it isn't cheap.

If you produce a bad design, you own it. There's little recourse by the affected parties and/or governing bodies for remediation and/or loss restitution other than civil forfeiture proceedings, which can be very costly and time consuming on the plaintiff's part.

Posted by Mullah Richard 2017-04-28 12:03|| 2017-04-28 12:03|| Front Page Top

#6 Coming from Oregon, that when the state's name is translated, means: " We are too stupid to pump our own gas."

Posted by USN, Ret. 2017-04-28 16:44|| 2017-04-28 16:44|| Front Page Top

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