CITY OF NYSSA, Respondent on Review,
v.
Sally A. DUFLOTH, Petitioner on Review.
City of Nyssa, Respondent on Review,
v.
Duane L. Smith, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 3, 2003.
Decided September 29, 2005.
Attorney(s) appearing for the Case
Laura Graser, Portland, argued the cause and filed the brief for petitioners on review.
James N. Westwood, of Stoel Rives LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Gary Kiyuna, of Stunz, Fonda, Kiyuna & Horton, Nyssa.
Bradley J. Woodworth and Lake James Perriguey, of Bradley J. Woodworth & Associates, PC, Portland, filed the briefs for amicus curiae Association of Club Executives.
James K. Neill and Jennifer Williamson, of Davis Wright Tremaine LLP, Portland, filed the briefs for amicus curiae Danzine.
Chin See Ming and Julia E. Markley, of Perkins Coie LLP, Portland, filed the brief for amici curiae ACLU Foundation of Oregon, Inc. and White Bird.
Carmel E. Bender, Portland, filed the brief for amicus curiae Lola Greene Baldwin Foundation for Recovery.
Robert M. Atkinson, Assistant Attorney General, Salem, filed the brief for amicus curiae State of Oregon.
Tracy Pool Reeve, Senior Deputy City Attorney, City Attorney's Office, Portland, filed the brief for amici curiae City of Portland and the League of Oregon Cities. With her on the brief was Christy K. Monson, Salem.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.
Supreme Court of Oregon.
GILLETTE, J.
In this criminal case, the defendants, owners of a nude dancing club, were convicted of violating a local ordinance that required, among other things, that entertainers at such clubs remain at least four feet away from the patrons. Defendants appealed their convictions to the Court of Appeals, arguing that the ordinance was facially unconstitutional as an unlawful restraint on expression in violation of Article...
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