City of Eugene v. Kruk

Defendant appeals her conviction under Eugene Municipal Code § 4.907 (EC § 4.907) for “Interferring [sic] with a Police Officer.” She contends that the trial court erred in overruling her demurrer, because the municipal ordinance is preempted by state law. We agree and reverse.1

One morning in September, 1990, at about 3:00 a.m., defendant and her extended family were awakened by a commotion on the front lawn. Defendant’s brother, Romeo, who occasionally stayed at defendant’s home, was yelling at Officer Dragt and pointing his finger at the officer’s face. Both Romeo and Dragt were standing in…