CITY OF PORTLAND v. POTTS

DA387019; CA A60323.

799 P.2d 168 (1990)

103 Or.App. 548

CITY OF PORTLAND, Respondent, v. Christine Marie POTTS, Appellant.

Court of Appeals of Oregon.

Argued and Submitted December 19, 1989.

Review Denied January 3, 1991.

Reconsideration Denied November 28, 1990.


Attorney(s) appearing for the Case

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

Rives Kistler, 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.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals her conviction for loitering to solicit prostitution. Portland City Code 14.24.050. We affirm.

Defendant demurred to the complaint on the grounds that Portland City Code 14.24.050 has been preempted by ORS 167.007, ORS 161.405 and ORS 167.012, in that it requires less culpability than that required by those statutes, and that the ordinance is vague and, therefore, violates Article 1, sections 20 and 21, of the Oregon...

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