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CITY OF PORTLAND v. GATEWOOD

DA 279144; CA A34366.

708 P.2d 615 (1985)

76 Or.App. 74

CITY OF PORTLAND, Appellant, v. Martin L. GATEWOOD, Respondent.

Court of Appeals of Oregon, En Banc.

Decided October 30, 1985.

Reconsideration Denied December 20, 1985.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Garrett A. Richardson, Portland, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and RICHARDSON and VAN HOOMISSEN, JJ.

GILLETTE, Presiding Judge.

The City of Portland appeals the dismissal of a charge of indecent exposure against defendant, arguing that the trial court erred in granting defendant's demurrer and holding the City's indecent exposure ordinance to be overbroad. We reverse and remand for trial.

Portland City Code § 14.24.060, which defendant is accused of violating, reads:

"It is unlawful for any person to expose his or her genitalia while in a public...

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