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CITY OF NYSSA v. DUFLOTH/SMITH

A00080111 and A00080112; A113180 and A113181 (Control).

57 P.3d 161 (2002)

184 Or.App. 631

CITY OF NYSSA, Respondent, v. Sally A. DUFLOTH, Appellant. City of Nyssa, Respondent, v. Duane L. Smith, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted August 7, 2002.

Decided October 30, 2002.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the briefs for appellants.

James N. Westwood, Portland, argued the cause for respondent. With him on the brief were Scott E. Crawford, Stoel Rives LLP, Gary Kiyuna and Stunz, Fonda, Kiyuna & Horton.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, BREWER, and SCHUMAN, Judges.

Resubmitted En Banc August 7, 2002.

KISTLER, J.

The City of Nyssa enacted an ordinance that requires nude dancers to remain at least four feet away from the audience. The municipal court convicted defendants of violating that ordinance, and the circuit court upheld the convictions. On appeal, defendants argue that the city's ordinance violates Article I, section 8, of the Oregon Constitution. We affirm.

Defendants operate Miss Sally's Gentlemen's Club...

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