Payless Drug Stores Northwest, Inc. v. Brown

Defendants appeal a judgment against them for penalties of $117.74 plus costs. ORS 30.875(2).1 Plaintiffs security guard arrested Bobbi Brown, defendants’ 15-year-old unemancipated daughter, outside plaintiffs Pendleton store for “shoplifting” five items with a total retail value of $17.74. ORS 164.045. Plaintiff demanded that defendants pay the $100 statutory minimum “civil penalty” plus $17.74, the retail value of the merchandise that Bobbi took from the store. Defendants alleged affirmatively the unconstitutionality of ORS 30.875(2) and counterclaimed for damages under the Unlawful Debt…