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CITY OF PORTLAND v. AYERS

304441-8508; CA A40979.

764 P.2d 556 (1988)

93 Or.App. 731

CITY OF PORTLAND, Respondent, v. Donald E. AYERS, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted June 1, 1988.

Decided November 9, 1988.

Attorney(s) appearing for the Case

Henry Kane, Beaverton, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc June 1, 1988.

DEITS, Judge.

Defendant appeals his conviction for violating section 14.24.160 of the Portland City Code by operating a "sound reproducing device on a public right-of-way so as to be plainly audible fifty feet or more from the device." He assigns error to the overruling of his demurrer to the complaint, through which he asserted that the code provision violates the speech provisions of the state and federal constitutions,...

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