Chapter §4.2 WHO IS PROTECTED BY ARTICLE I, SECTION 20?

• Jurisdiction: Oregon

§4.2 WHO IS PROTECTED BY ARTICLE I, SECTION 20?

Article I, section 20, confers rights only on "citizens." The supreme court has held that "citizens" refers to citizens of the state. Alsos v. Kendall, 111 Or 359, 366, 227 P 286 (1924). It remains an open question under Oregon law whether a corporation is a citizen protected by Article I, section 20. See Advanced Drainage Sys., Inc. v. City of Portland, 214 Or App 534, 538-39, 166 P3d 580 (2007). Cities and instrumentalities of the state are not citizens within the meaning of Article I, section 20. Hale v. Port of Portland, 308 Or 508, 524, 783 P2d 506 (1989), abrogated on other grounds by Smothers v. Gresham Transfer, Inc., 332 Or 83, 23 P3d 333 (2001).

PRACTICE TIP: A non-natural person bringing an Article I,

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