City of Eugene v. Miller

The majority holds that the City of Eugene Ordinance section 4.860(d) which prohibits the sale of merchandise on a city street or sidewalk is unconstitutionally over-broad and violates Article I, section8. It is inconceivable to me that a city cannot lawfully prohibit vendors from setting up places to sell merchandise in the middle of a street or sidewalk or regulate such activities in the light of the city’s authority to prevent potential harm to the public. The majority’s conclusion strips bare the city’s ability to control commercial activity in its streets and on its sidewalks.

Eugene Code…