|CALENDAR STATUS: Active|
|Karuk Tribe of California v. Tri-County Metropolitian Transportation District of Oregon|
|University of Oregon College of Law|
|Keith M. Garza and Jana Toran on behalf of Tri-County Metropolitan Transportation District of Oregon|
Thomas M. Christ on behalf of Karuk Tribe of California and Friends of the River Foundation
Statement of Issues:
|Karuk Tribe of California v. Tri-County Metropolitan Transportation District of Oregon (S059484) (A139375) (appeal from Multnomah County Circuit Court; opinion reported at 241 Or App 537, 251 P3d 773 (2011)).|
Respondent, Tri-County Metropolitan Transportation District of Oregon (Tri-Met), has been granted review of a Court of Appeals decision affirming a trial court's ruling that Tri-Met's refusal to publish a display proposed by petitioners, Karuk Tribe of California and Friends of the River Foundation, violated Article I, section 8, of the Oregon Constitution, and the First Amendment to the United States Constitution.
On review, the issues are:
(1) Under Article I, section 8, of the Oregon Constitution, may the government, acting in its capacity as the owner of property rather than as the regulator of conduct, create forums for expression that are limited based upon the content of the expression permitted?
(2) If government acting as proprietor may constitutionally create a forum for expression that is limited as to content by considerations of reasonableness and viewpoint neutrality with respect to the categories of expression permitted, does Tri-Met's advertising policy comport with those requirements?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: