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CITY OF EUGENE v. MILLER

CC 91-50062, 91-50073; CA A75143 (control), CA A75145; SC S40396.

871 P.2d 454 (1994)

318 Or. 480

CITY OF EUGENE, Petitioner on Review, v. David Henry MILLER, Respondent on Review.

Supreme Court of Oregon.

Decided April 7, 1994.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause and filed the petition for petitioner on review. With him on the petition was Ellen D. Adler of Harrang Long Watkinson Laird & Rubenstein, P.C., Eugene.

Rebecca R. Davis, Eugene, argued the cause and filed the responses for respondent on review.

Madelyn K. Wessel, Deputy City Atty., Portland, filed a brief for amicus curiae League of Oregon Cities.

Edmund J. Spinney, Eugene, filed a brief for amicus curiae American Civil Liberties Union.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and GRABER, JJ.

GILLETTE, Justice.

In these consolidated cases, defendant was convicted of violating Eugene Code section 4.860(d), one of the sidewalk vending ordinances of the Eugene city code,1 by selling joke books on a city sidewalk. The Court of Appeals reversed the convictions, concluding that the Eugene sidewalk vending ordinance violated Article I, section 8, of the Oregon Constitution.2 City of Eugene v. Miller...

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