City of Eugene v. Miller

*482GILLETTE, J.

In these consolidated cases, defendant was convicted of violating Eugene Code section 4.860(d), one of the sidewalk vending ordinances of the Eugene city code,1 by selling joke books on a city sidewalk. The Court of Appeals reversed the convictions, concluding that the Eugene sidewalk vending ordinance violated Article I, section 8, of the Oregon Constitution.2 City of Eugene v. Miller, 119 Or App 293, 851 P2d 1142 (1993). Because we agree that the ordinance as applied to defendant’s activities violated defendant’s rights under Article I, section 8, we affirm the decision of the…