Suit alleges breach of contract

Attorneys Kevin Mannix and Joe Huddleston from Mannix Law Firm, of Salem, represent the plaintiffs.

Huddleston said the suit alleges that Last Stop was in compliance with its contract and grounds for termination — outlined in the contract — were not met.

He said the plaintiffs will seek remedies for revenue lost both in the form of lottery sales and patrons lost to other businesses with lottery machines. Plaintiffs will also ask the court to “set-aside” the lottery’s termination of contracts, Huddleston said.

Last Stop’s contract was terminated due to “threat to the integrity, security and honesty or fairness of the Lottery,” and “treatment of lottery staff,” according to the termination letter signed by Oregon Lottery Director Barry Pack.

Lottery Public Information Manager Matt Shelby said in an email that Last Stop wasn’t in compliance with state law, which is a “key provision in our retail contract.”

“When we learn of retailers who are out of compliance, we try hard to work with them to address any compliance issues,” Shelby wrote. “Ultimately, if a retailer isn’t willing or able to comply with state law, they risk contract termination.”

The letter, addressed to Last Stop owner Todd Carpenter and dated Jan. 29, said on Jan. 15 “Lottery received information that you were violating Oregon’s Executive Order No. 20-66 by offering and allowing the on-premise consumption of food and/or beverages inside your business.”

Lottery staff visited Last Stop on Jan. 25 after exchanging emails with Carpenter on Jan. 21. Staff “concluded the business was offering indoor dining” after observing from outside, according to the termination letter.

According to the plaintiffs’ petition, none of the plaintiffs have been charged or convicted of violating Gov. Brown’s executive orders or violating a public health law and neither the Oregon Department of Agriculture or Oregon Health Authority “has issued a final order finding any health violation against Petitioners relating to COVID-19.”