specially concurring.
In State ex rel Haas v. Club Recreation, 41 Or App 557, 599 P2d 1194 (1979), a department of this court *855exercised its legislative power to rewrite ORS 465.110 so that the sort of activity charged there (and here) could be enjoined. I would have dissented there, but I have to concur here because of that bad case.