City of Portland v. Roth

Defendant appeals his conviction for disobeying a police officer at an assembly, a violation of Portland City Code (PCC) section 14.24.100. We reverse.

We begin by considering defendant’s argument that the ordinance under which he was convicted is preempted by ORS 162.315.1 In City of Portland v. Jackson, 316 Or 143, 151, 850 P2d 1093 (1993), the Supreme Court specified the procedure that governs this type of challenge:

“[W]e first must examine the ordinance and statutes that the parties claim are in conflict. Next, we determine what conduct the ordinance prohibits. Third, we look to see…