City of Eugene v. Kruk

Defendant appeals her conviction under Eugene Municipal Code § 4.907 (EC § 4.907), which prohibits conduct that interferes with a police officer’s lawful performance of a duty. We reversed the conviction on the ground that the ordinance was preempted by state law. City of Eugene v. Kruk, 115 Or App 494, 839 P2d 250 (1992). On review, the Supreme Court vacated our opinion and remanded for reconsideration in the light of City of Portland v. Jackson, 316 Or 143, 850 P2d 1093 (1993). City of Eugene v. Kruk, 316 Or 436, 851 P2d 1140 (1993). On reconsideration, we again reverse.

Plaintiff City of…