Post by trailboss on Apr 9, 2017 23:00:09 GMT -5
that affects our hobby.
www.htrnews.com/story/news/2017/04/06/manitowoc-drug-paraphernalia-ordinance-big-jays-smokeshop-griesbach-injunction/100137312/
A few snippetts:
There is this...
Hopefully in the zeal to prosecute head shops they don't revise that part to give them more leeway...especially since generally we see more lenient attitudes towards weed, and more restrictive towards tobacco products.
www.htrnews.com/story/news/2017/04/06/manitowoc-drug-paraphernalia-ordinance-big-jays-smokeshop-griesbach-injunction/100137312/
A few snippetts:
The motion stated: “Manitowoc has criminalized each and every object that can possibly be used to smoke anything. Then law enforcement chooses those establishments it does not like and enforces the ordinance against those vendors, to the exclusion of others. Every single rolling paper and pipe in the city of Manitowoc can be used to ingest marijuana and violates the ordinance, yet only the Smoke Shop is visited, chastised and criminalized. This cannot satisfy the equal protection requirement.”
William Griesbach, a judge for the U.S. District Court, ruled Keck did not provide evidence of his investment in the Smoke Shop or other financial obligations, and even if he had, past court cases have ruled irreparable harm does not include the loss of income.
Griesbach also ruled the ordinance appears constitutional in light of case law and stated, “The current state of the law suggests Keck’s claims do not have a likelihood of success on the merits.”
William Griesbach, a judge for the U.S. District Court, ruled Keck did not provide evidence of his investment in the Smoke Shop or other financial obligations, and even if he had, past court cases have ruled irreparable harm does not include the loss of income.
Griesbach also ruled the ordinance appears constitutional in light of case law and stated, “The current state of the law suggests Keck’s claims do not have a likelihood of success on the merits.”
The statute excludes some items — including pipes, papers and accessories that are designed for use or primarily intended for use with tobacco products — from its definition of drug paraphernalia.
