Legal Opinion

City of Portland v. Jackson

Court of Appeals of Oregon

Decided February 12, 1992No. DA 396491-8906; CA A64089PublishedCited by 14 opinions

1Opinion of the Court

*235RICHARDSON, J.

Defendant was charged with indecent exposure under Portland City Code (PCC) § 14.24.060. He demurred, contending that ORS 163.465 preempts the ordinance. The trial court agreed and dismissed the charge. The city appeals, and we affirm.

PCC § 14.24.060 provides, in part:

“It is unlawful for any person to expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex.”

ORS 163.465 provides, in part:

“(1) A person commits the crime of public indecency if while in, or in view of, a public…

2Cases cited11 opinions

  1. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  2. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  3. City of Portland v. DollarhideOregon Supreme Court · 1986
  4. Landreth v. GladdenOregon Supreme Court · 1958
  5. STATE, BY & THROUGH HALEY v. City of TroutdaleOregon Supreme Court · 1978

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. City of Portland v. JacksonOregon Supreme Court · 1993
  2. State v. MilnesCourt of Appeals of Oregon · 2013
  3. State v. PayneCourt of Appeals of Oregon · 2019
  4. State v. Lopez-VegaCourt of Appeals of Oregon · 1992
  5. City of Dallas v. SullengerCourt of Appeals of Oregon · 1992

9 more not listed; retrieve them via the Exa API.

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