How A Frog Beat the City of Eugene and the State of Oregon

    While most University of Oregon basketball fans are waiting for tonight's game (March 23,2007) against UNLV in the "Sweet 16 NCAA championships," I was more intrigued while walking by David Miller selling his joke books on 13th Street, near the UofO Bookstore, next to the Duck campus in Eugene, Oregon.
    Known as "Frog" since High School, Mr. Miller has been selling his very funny " Recycled Jokes by Frog," since 1986.  He has been standing on the sidewalk, fronting a few small stores and eateries, just across from the entrance to the University of Oregon, gently stopping passersby and saying, "Have you heard about my new joke book......"
    Frog graduated from the University of Ohio, with a degree in journalism in 1970...  About the same time that President Richard Nixon was secretly bombing Cambodia.  It is no secret that frog is a liberal...independent in his attitude toward commerce, and a pretty good business person who makes enough money to pay the rent.
    When I'm in Eugene, I stop by to talk baseball with him.  He predicted that the Chicago White Sox would win the World Series, and today tells me he thinks the Seattle Mariners have the pitching and hitting to make it to the World Series this October.  I take him seriously on the subject.
    The City of Eugene takes him very seriously.
    As happens, periodically, in our great country, sometimes the Chamber of Commerce and various business interests decide to punish street vendors. 
    Eugene is a small city, and 13th Street has the flavor of a small town.
    One day in 1990, the City of Eugene decided to "ticket" Frog, for selling his joke books without a license.  Street food vendors, flower and balloon sellers had to be licensed.....but there was no category for someone innocently selling joke books.
    Attorney Rebbecca Davis Defends Frog and Beats the System.
    When word got out about his punishment, the citizens of Eugene became outraged.  Hippies had moved to the town in the 1960s in droves.  There is a huge alternative political community, and a lot of people who just plain support the First Amendment of our Constitution.
    After all, this is the State and City which elected US Senator Wayne Morse when he was a Republican, Democrat, and Independent.
    But, it was obvious that some people who had graduated college during the "Disco" age, had come to power in Eugene.  A big mistake for them.
    When Miller wanted to fight the case, local Attorney Rebbecca Davis, decided to take on the issue and defend the book seller for free.
    They fought the case in a lower court, as I remember it, and won.  The City in its stupidity, and against the wishes of most of the people I talked with, decided to appeal.
    After the city spent $50,000 dollars to fight Frog, all the  way to the  Oregon Supreme  Court (The city never did release the final costs, in its embarrassment and secrecy).....Ms. Davis argued successfully in favor of the First Amendment, and the fact that Oregon has a law which says that it is illegal to favor one class of vendors over another.
    The Oregon Supreme Court ruled in favor of Frog and against the City of Eugene.

    It just goes to prove that a child of the '60s can still beat the system.

    Thanks for Reading:

       Bob Kholos

Comments

[retired]

see dowie on www.strumpette.com

[retired]

Oops. Wrong post.

[Cory]

All fans of corny jokes must get their hands on this book.

[Rik Myers]

I lived in Eugene from Independence Day of 1989 to Independence Day of 1995. I ran into, chatted with, bartered with, danced with, fought with, laughed with, swore with and breathed with Frog throughout that time. I bought many a joke book ("say! You look like somebody with a GREAT sense of humor...uh, maybe not!").

I just told one of Frpg's recycled jokes tonight over supper. And came looking for him and ran into your blog. I hope he is well. If you see him, remind him of burritos with Rik and Ann.

Miss him. And the W.O.W. Hall.

Namaste, Rik

[mike]

I miss Frog..hope hes doin Ok...and Alex's falafall stand, and spencers butte, and the country fair, and....

[Ken]

I traded a whole set of Frog's joke books for a ticket to a Grateful Dead show. It was great to meet Frog and I was glad to get him into the show. It was a good deal for me too. I still have the books. I think this happened in the parking lot of the Forum in LA.

[lorian]

hi I am Lorian...The translator of the worlds greatest jokebooks--for over 23 years. Thanks for the cool article!

[Nike Vandal]

If you'd make a guy content, will not add to his possessions but subtract from his needs. Did you concur with me?

[Buy Online Rx]

One of the reasons I admire Thatcher is because she was clever, curious and well-informed. I think you need to get over your class analysis of this situation. I also think the idea of a conservative who has no time for the concept of the 'better' is a contradiction of terms.

[Coach Outlet]

the one Who controls the past controls the future; who controls the present controls the past.

[Visvim]

obtained by way of a delicate process. This finishing gave the watch a

[Brian Weaver]

The city still hasn't learned their lesson; especially Mayor Kitty Piercy. The ACLU sent the city a letter on 8-22-11, demanding that the city strike down the their sign ordinance. Apparently the city is not able to fend-off the EmX opposition.

[lacoste observe]

I think you need to get over your class analysis of this situation. I also think the idea of a conservative who has no time for the concept of the 'better' is a contradiction of terms.

[Casual Shoes]

I think you need to get over your class analysis of this situation. I also think the idea of a conservative who has no time for the concept of the 'better' is a contradiction of terms.

[Magister Mundi]

Er... merchant licensing has literally nothing to do with the First Amendment. Frog is neither expressing any form of speech, nor is he a member of the press - he's selling a product. Selling a product (or being barred from doing so) is most certainly not a First Amendment issue.

Keep in mind that I find the City's efforts to completely ridiculous, and their appeal attempt even more insane. However, I'm also getting really tired of people invoking the First Amendment incorrectly.