Oregon Natural Resources Council Fund v. Port of Portland

Applying the analytical framework established in State v. Robertson, 293 Or 402, 649 P2d 569 (1982), and our decision in Karuk Tribe of California v. TriMet, 241 Or App 537, 251 P3d 773 (2011), aff'd by an equally divided court, 355 Or 239, 323 P3d 947 (2014), the majority concludes that restrictions imposed by the Port of Portland on the content of advertisements that the Port permits to be displayed at Portland International Airport violate Article I, section 8, of the Oregon Constitution. As I will explain, I believe that the Port’s advertising restrictions do not violate Article I,…