City of Salem v. Guillen
Docket: 07C40078; A136956
Court: Court of Appeals of Oregon; December 29, 2009; Oregon; State Appellate Court
Defendant was convicted in Salem Municipal Court for prohibited touching under Salem Revised Code (SRC) 96.300(a) and subsequently appealed for a trial de novo to the Marion County Circuit Court. In the appeal, the defendant moved to dismiss the charges, arguing that the code provision infringes upon Article I, section 8, of the Oregon Constitution, which guarantees free expression. The Circuit Court concurred, dismissing the charges based on this constitutional violation. The City of Salem appealed the dismissal. A prior case, City of Salem v. Lawrow, 233 Or App 32, 225 P3d 51 (2009), established that SRC 96.300(a) violates Article I, section 8, and this precedent applies to the current case. The appellate court affirmed the dismissal of charges against the defendant.