Sims v. Besaw's Café

I write separately because, although I agree with the lead opinion’s ultimate validation of the city’s ordinance, its analysis sweeps too broadly in concluding generally that “cities can enlarge the common-law duties and liabilities of private parties.” 165 Or App at 193. As I understand the lead opinion, a city’s authority to alter private rights and responsibilities is unlimited except insofar as the legislature affirmatively has enacted preemptive state laws. In my view, the issue need not and should not be decided in terms so general or so abstract. The precise question before us is…