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SEKNE v. CITY OF PORTLAND

A8504-02530; CA A36443.

726 P.2d 959 (1986)

81 Or. App. 630

Rick Frank SEKNE, dba Graffic Tavern, and Margaret Trachsel, Respondents, v. CITY OF PORTLAND, a municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided October 15, 1986.

Attorney(s) appearing for the Case

Paul C. Elsner, Portland, argued the cause and filed the brief for appellant.

Donald P. Roach, Portland, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and JOSPEH, C.J., and NEWMAN, J.

NEWMAN, Judge.

Plaintiffs brought this action to obtain a declaration that two Portland City Code (PCC) ordinances prohibiting nudity in taverns and restaurants, PCC 14.36.010 and PCC 14.36.020, could not validly be enforced against them. In their complaint, plaintiffs alleged that the ordinances have been preempted by the Oregon Liquor Control Act, see ORS 471.045, and that they violate Article I, section 39, of the Oregon Constitution and the right to free...

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