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CITY OF PORTLAND v. STORHOLT

No. DA180396; CA 17961, No. DA183655; CA 17960.

622 P.2d 764 (1981)

50 Or.App. 231

CITY OF PORTLAND, Appellant, v. Linda Jean STORHOLT, Respondent. City of Portland, Appellant, v. Grace Marie Marshall, Respondent.

Court of Appeals of Oregon.

Decided February 3, 1981.

Reconsideration Denied March 12, 1981.

Review Denied March 31, 1981.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Lawrence R. Young, Asst. Atty. Gen., Salem.

Emily Simon, Portland, argued the cause and filed the brief for respondents.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

In these consolidated criminal cases, we are asked to decide the constitutionality of a Portland city ordinance defining the offense of Loitering to Solicit Prostitution. The defendants were charged with violating the ordinance. They demurred to the complaints on the ground that the ordinance was unconstitutional in that it violated the Fifth and Fourteenth Amendments. The trial court agreed and dismissed the complaints. The state appeals...

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