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SIMS v. BESAW'S CAFE

(9611-08970; CA A99868)

997 P.2d 201 (2000)

165 Or. App. 180

David SIMS, Appellant, and City of Portland, a municipal corporation, Intervenor-Appellant, v. BESAW'S CAFÉ, and Besaw's Café, an Oregon corporation, Defendants, and Richard G. Beasley, individually and dba Besaw's Café, and all predecessors and successors in interest, Respondent.

Court of Appeals of Oregon, En banc.

Resubmitted September 8, 1999.

Decided January 26, 2000.

Attorney(s) appearing for the Case

Madelyn Wessel, Chief Deputy City Attorney, argued the cause and filed the brief for intervenor-appellant City of Portland.

Craig A. Crispin, Portland, filed the briefs for appellant David Sims. With him on the briefs were Shelley D. Russell and Crispin & Associates.

Charles W. Carnese, Portland, argued the cause and filed the brief for respondent Richard G. Beasley, individually and dba as Besaw's Café.

Lynn R. Nakamoto and Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland, filed a brief amicus curiae for the American Civil Liberties Union Foundation of Oregon, Inc.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted En Banc September 8, 1999.

ARMSTRONG, J.

The City of Portland adopted an ordinance that prohibits Portland employers from discriminating against employees and prospective employees on a number of bases, including on the basis of sexual orientation. The ordinance implements the prohibition by providing people who are harmed by that conduct with a cause of action to redress the harm. The trial court held that Portland lacked authority to give people...

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