City of Portland v. Ayers

The majority holds that defendant did not preserve the issue of overbreadth under Article I, section 8. The majority is wrong. Defendant preserved the issue. We can and should consider it and hold the ordinance to be overbroad under Article I, section 8.

The majority concedes that in the trial court, defendant raised and argued the overbreadth issue under Article I, *744section 8.1 Moreover, the trial court specifically considered the issue of overbreadth when it ruled on the demurrer.2

In his appellate brief, defendant cites and relies on Article I, section 8, and argues that the ordinance…