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Judge dismisses Moorhead drug ordinance challenge

Published 5:49am Sunday, January 13, 2013

MINNEAPOLIS — A federal judge has dismissed a lawsuit challenging a Moorhead ordinance outlawing drug paraphernalia.

Chief U.S. District Judge Michael Davis found the ordinance is constitutional Friday.

In affidavits, Moorhead police officers said that some items in the Discontent shop met the definition of “drug paraphernalia.”

Discontent and its owner, Disc & Tape, contended the pipes and other devices it sold were intended to be used to smoke tobacco and other legal herbs.

But the judge agreed that the city intends to enforce the ordinance as written.

Discontent closed last January, the day the ordinance went into effect, out of fear that employees would be arrested. No one has been arrested or cited in Moorhead since the ordinance went into effect.

Discontent’s attorney, Randall Tigue, says he’s considering an appeal.