FROG
Continued from Page 4
Nonetheless, for the next four
years. Miller said he was never
hassled once for selling joke
hooks But beginning early last
year Miller was ticketed by po
lice two times for operating
without a license
However, he said he was op
erating on private properly, at
the Fall Creek Bakery, at HH1 E.
Kith Ave,, with the permission
of die owner, Shirley Valentine
Subsequently tile city threat
ened to fine the Fall Creek Bak
ery for allowing Miller to sell
joke ixHiks on its property, he
said.
In response. Miller said lie
was definitely selling on the
public sidewalks this year
when ticketed, because lie
didn't want to put the people at
Fall Creek Bakery in any trou
ble while his earlier fines were
being appealed
In April 1990 Bocci struck
down tile ordinance as a viola
tion of the equal protection
clause of tile Oregon Constitu
tion file city appealed the nil
ing to Lane County District
Court
District Judge Ann Aiken
overturned Bocci's ruling in
August and sent it buck to the
Municipal Court, where Judge
Wayne Allen upheld the; fine
and prohibited Miller from
walking on city sidewalks with
his Ixxik bag.
Bocci's ruling Thursday up
held the ordinance not because
Bocci agreed with Aiken, but
bee ause judges have to follow
the rulings from a higher court
when It sends a case buck to the
lower courts, Kelly said
In the meantime, the council
has asked the c ity staff to look
into changing the ordinance,
Shuler said. However, even if
the the code is broadened,
there will still he a finite num
ber of licenses issued, particu
larly in the University area
Miller had also been In 'hot
water' with local authorities at
the beginning of 1990, when he
was arrested a cross from
Kinko’s Copies on 13th Avenue
and charged with consuming
alcohol on unlicensed prem
ises
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