STATE v. AUSMUS

(CC Nos. 9901-40130, 9812-51296, 9901-40371, 9901-40129, 9901-40128, 9901-40231, 9905-13654, 9901-40232, 9901-40126, 9812-51298, 9901-40234; CA A107691 (Control), A107692, A107693, A107694, A107695, A107696, A107697, A107698, A107699, A107700, A107701; SC S49207 (Control), S49364).

85 P.3d 864 (2003)

336 Or. 493

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

Supreme Court of Oregon.

Decided March 5, 2003.


Attorney(s) appearing for the Case

Hugh Sage, Portland, argued the cause and filed the briefs for petitioner on review Sage. With him on the brief on the merits was Timothy M. Bowman. Andrew S. Chilton, Portland, argued the cause and filed the briefs for petitioners on review Cox, DeMaster, Gonzalez, Hart-Landsberg, Johnson, Miller, and Rohs. With him on the brief on the merits were Lisa J. Ludwig, Steven J. Sherlag, Timothy M. Bowman, Paul T. Loney, A. Alexander Hamalain, Stuart A. Sugarman, and Lake James H. Perriguey.

No appearance for petitioners on review Ausmus, Andrews, and Horne.

Erika L. Hadlock, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Alia S. Miles and Jonathan A. Ater of Ater Wynne LLP, Portland, and Les Swanson, Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.


DE MUNIZ, J.

The issue in each of these cases, which were consolidated on appeal and on review, concerns the facial constitutionality of one variation of the crime labeled in ORS 166.025(1)(e) as disorderly conduct. ORS 166.025(1)(e) 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...

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