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FLORIDA BUSINESSMEN, ETC. v. STATE OF FLA.

No. 80-0954.

499 F.Supp. 346 (1980)

FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, an unincorporated association, High Quality Headquarters, Inc., a Florida Corporation, Three Guys Distributors, Inc., a Florida Corporation, and Correct Count Co., Inc., a New York Corporation, Plaintiffs, v. The STATE OF FLORIDA, Jim Smith as Attorney General of the State of Florida, Kenneth Katsaris, as a representative of the class of Defendants being the sixty-seven duly elected Sheriffs of the State of Florida, Harry Morrison, as a representative of the class of Defendants being the duly elected State Attorneys of the State of Florida, Defendants.

United States District Court, N. D. Florida, Tallahassee Division.

September 30, 1980.

Attorney(s) appearing for the Case

Tobias Simon, Miami, Fla., for plaintiffs.

Richard A. Hixson and Paul M. Eakin, Tallahassee, Fla., for defendant Katsaris.

MEMORANDUM OPINION AND PERMANENT INJUNCTION

HIGBY, District Judge.

It is often said that differences of opinion underlie the sale of inferior land and the marriage of ugly people. To this list we may add the question of the constitutionality of Florida's "Head Shop" law.1 The law in broadly sweeping language prohibits possession, delivery, possession with intent to deliver, and manufacture of drug paraphernalia. Agreeing partially...

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