Oregon Restaurant Ass'n v. City of Corvallis

Plaintiffs 1 appeal from the trial court’s judgment sustaining the validity of an ordinance of the City of Corvallis (the City) that prohibits smoking in enclosed public spaces within the City. They assert that state law preempts the City’s authority to adopt the ordinance and that the ordinance is unconstitutionally vague. We affirm.

The ordinance prohibits smoking “in all enclosed public places within the City or located on City owned property, including but not limited to” various listed locations, including restaurants. As originally adopted, it exempted bars from its restrictions until…