OREGON RESTAURANT ASSOCIATION, a non-profit corporation; Clodfelters Company, LLC.; Charles H. Johnson, Beverly J. Samuelson, dba Bev's Cafeacute;; and Deborah Kristine Baker, Appellants,
v.
CITY OF CORVALLIS, a municipal corporation and political subdivision of the State of Oregon; and State of Oregon, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted March 18, 1999.
Decided April 12, 2000.
Attorney(s) appearing for the Case
James M. Brown argued the cause for appellants. With him on the briefs was Enfield Brown Collins & Knivila.
Scott A. Fewel argued the cause for respondent City of Corvallis. On the brief were James Brewer and Eickelberg & Fewel, Corvallis.
Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent State of Oregon. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.
Court of Appeals of Oregon.
ARMSTRONG, J.
Plaintiffs1 appeal from the trial court's judgment sustaining the validity of an ordinance of the City of Corvallis (the City) that prohibits smoking in enclosed public spaces within the City. They assert that state law preempts the City's authority to adopt the ordinance and that the ordinance is unconstitutionally vague. We affirm.
The ordinance prohibits smoking "in all enclosed public places within the City or...
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