State v. Cargill

Decision Date28 May 1993
Citation851 P.2d 1141,316 Or. 492
PartiesSTATE of Oregon, Petitioner on Review, v. Linda Sue CARGILL, Respondent on Review. STATE of Oregon, Petitioner on Review, v. David Robert CHAMBERS, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Peter ELIAS, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Cherie Lambert HOLENSTEIN, Respondent on Review. STATE of Oregon, Petitioner on Review, v. David Roger SHOUSE, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Lois R. STRANAHAN, Respondent on Review. DC DA369633-8805; CA A49496 (Control); SC S37121, DC DA369634-8805; CA A49497, DC DA369631-8805; CA A49498, DC DA369632-8805; CA A49499, DC DA369629-8805; CA A49500, DC DA369630-8805; CA A49501.
CourtOregon Supreme Court

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Elizabeth Doran Jacobs, Portland, and Leland R. Berger, of Rieke, Geil & Savage, Portland, argued the cause for respondents on review. With them on the response to the petition were Geoffrey Squier Silver, Jeffrey A. Strang, Evelyn Conroy Sparks, and David Sugerman, Portland.

Gregory Kafoury, Portland, filed a brief on behalf of amici curiae Coalition for Petition Rights, Oregon AFL-CIO, People Against Sexual Abuse (PASA), End Noxious Unhealthy Fumes (ENUF), Eastside Democratic Club of Multnomah County, Honorable Ronald Cease, Honorable Richard S. Springer, and George Starr.

Eveleen Henry, Eugene, filed a brief on behalf of amicus curiae Oregon Common Cause.

Mark A. Anderson, Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon. James S. Coon, Portland, joined in this brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

Jan Wyers, Portland, filed a brief on behalf of amicus curiae Oregon Fair Share.

Charles F. Hinkle, Portland, filed a brief on behalf of amicus curiae Fred Meyer, Inc. With him on the brief was Stoel Rives Boley Jones & Grey, Portland.

Gile R. Downes, of Schulte, Anderson, DeFrancq, Downes & Carter, P.C., Portland, and Edward J. Sack, New York City, filed a brief on behalf of amicus curiae International Council of Shopping Centers, Inc.

E. Sean Donahue, of Davis Wright Tremaine, Portland, filed a brief on behalf of amici curiae Lloyd Center, Payless Drug Stores Northwest, Inc. With him on the brief was Shelley Larkins. Ridgway K. Foley, Jr., of Schwabe Williamson & Wyatt, Portland, filed a brief on...

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17 cases
  • State v. Dameron
    • United States
    • Oregon Supreme Court
    • May 28, 1993
    ...case is not distinguishable from State v. Cargill, [100 Or.App. 336, 786 P.2d 208 (1990), aff'd by an equally divided court 316 Or. 492, 851 P.2d 1141 (1993) ]. 7 Defendant established that he was engaged in a constitutionally protected activity, and the [trial] court erred in ruling that t......
  • Stranahan v. Fred Meyer, Inc.
    • United States
    • Oregon Court of Appeals
    • April 22, 1998
    ...initiative petitioners. That case was State v. Cargill, 100 Or.App. 336, 786 P.2d 208 (1990), aff'd by an equally divided court 316 Or. 492, 851 P.2d 1141 (1993). In Cargill, the six criminal defendants had been arrested for soliciting signatures on initiative petitions outside of a Fred Me......
  • Waremart v. Progressive Campaigns, Inc.
    • United States
    • Washington Supreme Court
    • December 16, 1999
    ...analogous issues. See, e.g., State v. Cargill, 100 Or.App. 336, 786 P.2d 208, 214 (1990), aff'd by an equally divided court, 316 Or. 492, 851 P.2d 1141 (1993) (citing Alderwood, 96 Wash.2d 230, 635 P.2d 108); Planned Parenthood v. Wilson, 234 Cal.App.3d 1662, 286 Cal.Rptr. 427, 431-33 (1991......
  • Stranahan v. Fred Meyer, Inc.
    • United States
    • Oregon Supreme Court
    • September 14, 2000
    ...property for business or other purposes." Id. at 348, 786 P.2d 208. This court affirmed by an equally divided court. State v. Cargill, 316 Or. 492, 851 P.2d 1141 (1993). Meanwhile, in response to this court's decision in Whiffen I, the owner of Lloyd Center had adopted time, place, and mann......
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