LEE v. SMITH

No. 87SA101.

772 P.2d 82 (1989)

Monica LEE and Jeff Blayer d/b/a High Gear, Plaintiffs-Appellees, v. James SMITH, in his official capacity as District Attorney for the County of Adams; Bert Johnson, in his official capacity as Sheriff for the County of Adams; Daniel Montgomery, in his official capacity as Chief of Police for the City of Westminster, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

April 17, 1989.


Attorney(s) appearing for the Case

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

James Smith, Dist. Atty., Steven L. Bernard, Chief Trial Deputy Dist. Atty., Brighton, for defendants-appellants.


MULLARKEY, Justice.

Adams County and Westminster law enforcement officials appeal from an order of the Adams County District Court which invalidated certain portions of the 1986 amendments to the Drug Paraphernalia Act (the Act), sections 12-22-503 to -505, 5 C.R.S. (1986 Supp.) enacted by House Bill 1024, Ch. 95, sec. 1-4, §§ 12-22-503 to -505, 1986 Colo. Sess. Laws 623-25. We conclude that the Act is not overbroad...

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