Cornelius v. City of Ashland

An ordinance recently enacted by the city of Ashland authorizes police in Ashland to jail any person for up to two hours for, among other things, failing to give a “reasonable, explanation of his actions” when questioned by the police.① Plaintiff, a resident of Ash-*183land, initiated this declaratory judgment proceeding pursuant to ORS 28.020 to challenge the constitutionality of this ordinance. The defendant-city’s demurrer was sustained by the trial court. Plaintiff appeals.

The questions presented revolve around whether the complaint alleges facts sufficient to establish that the issue of the…