Minnesota Store sues city over new drug ordinance

By Amy Forliti Associated Press MINNEAPOLIS (AP) -- A northwestern Minnesota shop that sells tobacco, pipes and other products has sued the city of Moorhead over the way police are enforcing a new ordinance outlawing drug paraphernalia. In a lawsuit filed this week in federal court, attorneys for Discontent are asking for a temporary restraining order that would keep police from enforcing the ordinance, which makes it illegal to sell items that are intended for use with controlled substances. In the lawsuit, Discontent and its owner, Disc & Tape, say the pipes and other devices it sells are intended to be used to smoke tobacco and other legal herbs. The lawsuit says some of the items "may incidentally resemble devices used to smoke controlled substances" but do not constitute drug paraphernalia under the ordinance. According to the lawsuit, police told employees that regardless of the intent, the devices in the store were illegal. Discontent closed on Jan. 10, the day the ordinance went into effect, out of fear that employees would be arrested. In addition to the restraining order, the store is seeking an order declaring that enforcement of the ordinance is unconstitutional. The store is also seeking damages from lost income since it has been closed. That amount would be determined at trial. City attorney Brian Neugebauer said Moorhead plans to fight the complaint. Published: Thu, Jan 26, 2012