City of Corvallis v. Pi Kappa Phi

The majority holds that the City of Corvallis's teenage-party ordinance is preempted by state law because the legislature made a "deliberate choice" to include a mental-state requirement in the statute. City of Corvallis v. Pi Kappa Phi , 293 Or. App. 319, 330-31, 428 P.3d 905 (2018). In my view, in both this case and others, we are applying too low a bar for implicit preemption under City of Portland v. Jackson , 316 Or. 143, 850 P.2d 1093 (1993). At the same time, I am compelled to agree with the majority's conclusion that, under our existing case law, the ordinance is unconstitutional.…