Oregon v. Uroza-ZunigaAnnotate this Case
This case began with Petitioner Victor Uroza-Zuniga's arrest for public drinking, in violation of the Beaverton, Oregon City Code. That arrest led to a search, a charge of drug possession, a denied motion to suppress, a bench trial, conviction for unlawful possession of methamphetamine, and an unsuccessful appeal. Beaverton prohibited drinking alcoholic beverages in any public place. Yet ORS 430.402(1)(b) prohibited Beaverton, along with all other local governments, from regulating or proscribing “[p]ublic drinking, except as to places where any consumption of alcoholic beverages is generally prohibited.” Defendant argued the state statute preempted Beaverton’s public drinking ordinance, making his arrest illegal and the fruits of that arrest subject to suppression. The state, along with amici curiae the City of Beaverton and the League of Oregon Cities, argued that it fell within ORS 430.402(1)(b)’s exception, and it was therefore not preempted. The Oregon Supreme Court held Beaverton’s public drinking ordinance was not preempted and affirmed defendant’s conviction.