City of Nyssa v. Dufloth

*333GILLETTE, J.

In this criminal case, the defendants, owners of a nude dancing club, were convicted of violating a local ordinance that required, among other things, that entertainers at such clubs remain at least four feet away from the patrons. Defendants appealed their convictions to the Court of Appeals, arguing that the ordinance was facially unconstitutional as an unlawful restraint on expression in violation of Article I, section 8, of the Oregon Constitution.1 A divided, en banc Court of Appeals affirmed the ruling of the lower court. City of Nyssa v. Dufloth/Smith, 184 Or App 631, 57…