City of Portland v. Jacobsky

NICHOLS, Justice.

This appeal, testing the constitutionality of the obscenity ordinance enacted in 1982 by the Plaintiff, City of Portland, arises out of 14 Rule 80H proceedings commenced in 1983 in District Court (Portland) to collect civil penalties for violations of this ordinance from the respective Defendants, who are operators of adult bookstores, so-called, and variety stores.

When the Plaintiff City appealed from the District Court’s determination that the enactment of this ordinance was flawed, the several Defendants cross-appealed, asserting that the ordinance was unconstitutional. At…