City of Portland v. Dollarhide

This case involves the scope of the power granted to cities by one of the home rule provisions of the Oregon Constitution (Art XI, § 2) to enact criminal ordinances which prohibit the same conduct that is prohibited by state law.

In 1983, the Portland City Council adopted section 14.36.065 of the Code of the City of Portland, 1 which defines and prohibits prostitution in terms substantially identical to ORS 163.305,167.002 and 167.007. 2 At the same time, the City Council also adopted a mandatory minimum penalty provision for violation of the prostitution ordinance. 3 There is no mandatory…