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CITY OF PORTLAND v. DERRINGTON

451 P.2d 111 (1969)

CITY OF PORTLAND, Appellant, v. Carol DERRINGTON, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 26, 1969.

Attorney(s) appearing for the Case

Richard A. Braman, Deputy City Atty., Portland, argued the cause for appellant. With him on the brief were Alexander G. Brown, City Atty., and Ellis E. Gerdes, Deputy City Atty., Portland.

George A. Haslett, Jr., Portland, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

GOODWIN, Justice.

The City of Portland appeals from a judgment of the circuit court, upon a demurrer, the effect of which was to declare unconstitutional Section 16-917 of the City of Portland Police Code.

The ordinance provides as follows:1

"It is unlawful for any female person to appear or be in a place where food or alcoholic beverage is offered for sale for consumption on the premises, so costumed or dressed that one...

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