Outdoor Media Dimensions, Inc. v. Department of Transportation

I concur with the majority in every respect except that part of its opinion holding that the OMIA’s exemption from the permit and fee requirements for on-premises signs violates Article I, section 8, of the Oregon Constitution. The majority incorrectly concludes that the OMIA impermissibly regulates the content of speech. I conclude that the OMIA is constitutional under Article I, section 8.

This court’s framework for analyzing claims under Article I, section 8, was set out in State v. Robertson, 293 Or 402, 649 P2d 569 (1982). This court has summarized that framework as follows:

“In State v.…