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YANCY v. SHATZER

(CC 0008-08313; CA A114776; SC S50280).

97 P.3d 1161 (2004)

337 Or. 345

Terry YANCY, Petitioner on Review, v. William W. SHATZER, Portland City Code Hearings Officer; and City of Portland, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided September 16, 2004.

Attorney(s) appearing for the Case

Thomas M. Christ, of Cosgrave Vergeer Kester LLP, Portland, argued the cause for petitioner on review. With him on the briefs were Ed Johnson and Marc Jolin, Oregon Law Center.

Harry Auerbach, Senior Deputy City Attorney, Portland, argued the cause and filed the briefs for respondents on review.

Roy Pulvers, of Lindsay, Hart, Neil & Weigler, LLP, Portland, filed a brief on behalf of amicus curiae Oregon State Bar.

Charles F. Hinkle, Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.

De MUNIZ, J.

Portland police stopped petitioner Yancy for jaywalking. In the course of that contact, the police searched petitioner and discovered less than an ounce of marijuana. The police then issued petitioner a citation that excluded him from two Portland city parks for a period of 30 days. Petitioner timely appealed to the City of Portland Hearings Officer, which affirmed the exclusion. After the exclusion period had run, petitioner sought to challenge the exclusion...

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