Oregon law has long delegated to Oregon counties issuance of permits for Oregon’s mass gatherings. The permit process is in part addressed through county ordinance, and in part through state law.

Current law sets a cap on the maximum amount of liability insurance a county may require of an organization hosting a mass gathering to receive a permit. The last time this cap was revised through legislation was in 1993, setting the cap at $1 million. At the time, the cap was aligned with the Oregon Tort Claims Act (OTCA).

In 2009, the Oregon Supreme Court opined that a static number could not exist in the OTCA because it would violate the remedies clause. That number must move in accordance with inflation. Since the issuance of this opinion, statute surrounding OTCA had been updated, but not regarding the tie in to of liability insurance to OTCA, thus creating a constantly increasing delta between the two statutes. This delta is now over $1.4 million. Without a legislative fix, Oregon counties are liable for