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WAKABAYASHI v. TOOLEY

No. 81SA378.

648 P.2d 655 (1982)

Dennis WAKABAYASHI, d/b/a a Moonchild and d/b/a Leo Rising; Mile High One Stop, Inc., a Colorado Corporation; Greg Porter, d/b/a Home Sweet Home; Happy Trails, Inc., a Colorado Corporation; James Janus, d/b/a Janus Industries, Plaintiffs-Appellees, v. Dale TOOLEY in his official capacity as District Attorney for the County of Denver; Arthur Dill in his official capacity as Chief of Police for the City and County of Denver, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

July 19, 1982.

Attorney(s) appearing for the Case

Arthur M. Schwartz, P.C., Arthur M. Schwartz, Bradley J. Reich, Denver, for plaintiffs-appellees.

Dale Tooley, Dist. Atty., Second Judicial District, O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., John R. Olsen, Keith Dwight Johnson, Deputy Dist. Attys., Denver, for defendants-appellants.

ERICKSON, Justice.

This is an appeal from an order granting a motion for a preliminary injunction to the appellees, Wakabayashi et al., (Wakabayashi) enjoining the appellants, Tooley et al., from enforcing sections 12-22-501 et seq., C.R.S.1973 (1978 Repl. Vol. 5) (1981 Supp.) and 16-13-303(1)(f), C.R.S.1973 (1978 Repl. Vol. 8) (1981 Supp.), relating to the distribution and use of drug paraphernalia. We reverse and remand to the district court...

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