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STATE v. AUSMUS

9901-10130, 9812-51296, 9901-40371, 9901-40129, 9901-0128, 9901-40231, 9905-43654, 9901-40232, 9901-0126, 9812-51298, 9901-10234; A107691 (Control), A107692, A107693, A107694, A107695, A107696, A107697, A107698, A107699, A107700, A107701

37 P.3d 1024 (2001)

178 Or. App. 321

STATE of Oregon, Appellant, v. Jason Lee AUSMUS, Respondent State of Oregon, PPELLANT, v. Christopher Peck Andrews, Respondent, State of Oregon, Appellant, v. Warren B. Cox, Respondent, State of Oregon, Appellant, v. Maria Estela Gonzalez, Respondent. State of Oregon, Appellant, v. Mashaun Allen Home, Respondent. State of Oregon, Appellant, v. Leah Hart-Landsberg, Respondent. State of Oregon, Appellant, v. Charles Wilmer Johnson, Respondent State of Oregon, Appellant, v. Aaron William Miller, Respondent. State of Oregon, Appellant, v. Kristen Earleen Sage, Respondent State of Oregon, Appellant, v. Dana DeMaster, Respondent. State of Oregon, Appellant, v. Melissa Wade Rohs, Respondent.

Court of Appeals of Oregon.

Decided December 19, 2001.

Attorney(s) appearing for the Case

Richard D. Wasserman, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Andrew S. Chilton argued the cause for respondents Warren B. Cox, Maria Estela Gonzalez, Leah Hart-Landsberg, Charles Wilmer Johnson, Aaron William Miller, Dana DeMaster, and Melissa Wade Rohs. With him on the brief were Lake James H. Perriguey, Steven J. Sherlag, Timothy M. Bowman, Lisa J. Ludwig, Stuart A. Sugarman, Paul T. Loney, and A. Alexander Hamalian, Portland.

No appearance for respondents Jason Lee Ausmus, Christopher Peck Andrews, Mashaun Allen Horne, and Kristen Earleen Sage.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

ORS 166.025(1) provides, in part:

"A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

" * * * * *

"(e) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse[.]"

At issue in this case is the facial constitutionality...

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