CITY OF PORTLAND v. TIDYMAN

TC A8305-03194, TC A8305-03190, TC A8305-03192; CA A34453; SC S34556.

759 P.2d 242 (1988)

306 Or. 174

CITY OF PORTLAND, a Municipal Corporation, Petitioner On Review, v. John TIDYMAN and the Flick Bookstore, an Assumed Business Name of Daniel Cossette, Ltd., an Oregon Corporation, Defendants, Third-Party Plaintiffs, Respondents On Review, v. HOOVER ENTERPRISES, Limited and Albert Krikorian, Aka Ara Apregiam, Third-Party Defendants. City of Portland, a Municipal Corporation, Petitioner On Review, v. BETTY L. SMITH AND HERBERT L. NEWMARK, Defendants, Albert Bedrosian, Aka Albert Peterson and Theland, Inc., an Involuntarily Dissolved Oregon Corporation, Dba Adult Center Bookstore, Defendants-Respondents On Review. City of Portland, a Municipal Corporation, Petitioner On Review, v. Christ D. Makarounis and Adele Makarounis, Defendants, C & H Cattle Company, Dba Cal's Bookstore, Defendant-Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided July 12, 1988.


Attorney(s) appearing for the Case

Paul C. Elsner, Portland, filed a brief and appeared on behalf of petitioner on review.

Rex Armstrong, Portland, filed a brief and appeared on behalf of respondent on review C & H Cattle Co., dba Cal's Bookstore. Respondents on Review John Tidyman, The Flick Bookstore, Albert Bedrosian, and Theland, Inc. did not appear and did not file briefs.


LINDE, Justice.

In May 1983 the City of Portland brought consolidated actions to enjoin, as a "public nuisance," defendants' operation of so-called "adult bookstores" at locations where a city ordinance bans "adult bookstores" as defined in the ordinance. Each defendant asserted that the ordinance is an invalid restraint on free expression under Article I, section 8, of the Oregon Constitution. The circuit court agreed and entered judgment for defendants in November...

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