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CITY OF PORTLAND v. JACKSON

DA 396491-8906; CA A64089.

826 P.2d 37 (1992)

111 Or.App. 233

CITY OF PORTLAND, Appellant, v. Lugene Alva JACKSON, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted November 6, 1991.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Madelyn F. Wessel, Deputy City Atty., Portland, argued the cause and filed the brief for appellant.

Joan Peterson, Multnomah Defenders, Inc., Portland, argued the cause and filed the brief for respondent.

Resubmitted In Banc November 6, 1991.

RICHARDSON, Judge.

Defendant was charged with indecent exposure under Portland City Code (PCC) § 14.24.060. He demurred, contending that ORS 163.465 preempts the ordinance. The trial court agreed and dismissed the charge. The city appeals, and we affirm.

PCC § 14.24.060 provides, in part:

"It is unlawful for any person to expose his or her genitalia while in a public place or place visible from...

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