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CITY OF EUGENE v. POWLOWSKI

91-50040, 91-50041; CA A72083 (Control), CA A72084.

840 P.2d 1322 (1992)

116 Or. App. 186

CITY OF EUGENE, Respondent, v. Norman Edward POWLOWSKI, Jr., Appellant. CITY OF EUGENE, Respondent, v. Vernice Ann MOUG, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Edmund J. Spinney, Eugene, argued the cause and filed the brief for appellants.

James E. Mountain, Jr., Salem, argued the cause for respondent. On the brief were Jens Schmidt and Harrang, Long, Watkinson, Arnold & Laird, P.C., Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Defendants appeal from judgments in which the trial court found them guilty of violating a City of Eugene municipal ordinance that prohibits honking an automobile horn for purposes other than as a reasonable warning. They argue that the ordinance violates their right to free expression under Article I, section 8, of the Oregon Constitution. We reverse.

In January, 1991, protesters held demonstrations at the federal courthouse in Eugene in response...

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