RESOLUTION No. 36138

Authorize Amicus Intervention in City of Nyssa v. Dufloth in the Oregon Supreme Court. (Resolution)

WHEREAS,  The Oregon Court of Appeals has issued a decision upholding the City of Nyssa’s regulation of nude dancing establishments; and,

WHEREAS,  The City has an interest in having the ability to apply reasonable zoning and other regulations to adult businesses, including nude dancing establishments; and

WHEREAS,  The Oregon Supreme Court’s interpretation of Article I, Section 8 of the Oregon Constitution has severely limited the City’s ability to apply reasonable zoning and other regulations to adult businesses; and

WHEREAS,  The Oregon Supreme Court has accepted review of the Court of Appeal’s decision affording an opportunity to revisit the correct interpretation of Article I, Section 8 of the Oregon Constitution in this context.

NOW, THEREFORE, BE IT RESOLVED that the City Attorney is hereby authorized to appear on behalf of the City of Portland as an amicus in the case of City of Nyssa v. Dufloth in the Oregon Supreme Court as well as join on behalf of the City of Portland other amicus briefs that might be filed in that case.

Mayor Vera Katz

Commissioner Jim Francesconi

TPR:lm

May 7, 2003

BACKING SHEET INFORMATION

AGENDA NO. 454-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36138