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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (May 2, 1980)
friday, may 2,1980 daily nebraskan page 9 Bong bill opponents seek injunction By Val Swinton Opponents of Nebraska's ban -the -bong bill go to court this morning to try and obtain a preliminary injunction preventing enforcement of the bill. But regardless of the outcome of today's hearing, which will be in Omaha's U.S. District Court.it could be a long time before Nebraska head shops are prevented from selling cigarette papers, pipes and other drug parapher nalia. Don Fiedler, the attorney representing a group of several head shops called the Nebraska Trade Accessories Association said that a ruling on the request for a prelim inary injunction would probably not be made for a couple of weeks, until Judge Richard Robinson had time to consider the briefs filed in today's hearing. Gov. Charles Thone. signed LB991 into law on April 23. The bill, which outlaws the sale of drug paraphernalia in Nebraska, contained an emergency clause allowing it to go into effect immediately. However, the same day, Fiedler and Omahan Bruce Van Langen, representing Nebraska pipesmokers, success fully sought a temporary injunction, preventing the law from being enforced. Today's hearing for preliminary injunction is the second step in the legal process towards a permanent in junction, which would prevent enforcement of the bill in its present form. Ohm. 7 tin i i,, tela mmwmMmmmk'm Me cotw mmm fluoim fine fafm and mudofa vm fuddij copia 12 Uk Soulk lout JLihrnj d) cz d)J J iorw7nr3Tn7ri FOR YOUR INVITATION TO THE FIRST CLASSES CALL: OMAHA WICHITA (402) 392-1210 (316) 264-2276 . AO IMMEDIATELY AFTER UUK rAbblNU HA I t lo fUl T r AK ING OUR COURSES 40,000 BECKER CPA ALUMNI HAVE PASSED THE LAST PART OF THE CPA EXAM SINCE 1957 CLASSES BEGIN WEEK OF JUNE 9 mmuuw CLIP & SAVE GIUSEPPE S JP1W7 TV -Of-Scmcster 2 free garlic rolls with regular pizza 4 free garlic rolls with large pizza (coupon good through May 9. 1980) DELIVERY 5 pm-1 am Sun. through Thur. 5 prti-2 am Friday & Saturday Inside Dining 1 1 am-I l pm 1 Fiedler said that if the preliminary injunction is granted, it might be six months to a year before a trial on the permanent injunction. . If Judge Robinson docs not grant the preliminary in junction, Fiedler said he would ask for a stay of the temporary injunction, until the ruling on the prehmin ary injunction could be appealed to circuit court. While Fiedler was hesitant about predicting exactly when a decision would be reached, he predicted "It would be a long time before an ultimate decision is made." There is a chance the Omaha judge would not grant a stay of the temporary injunction, in the event he rules against Fiedler and Van Langen, but Fiedler said it's nor mal procedure to grant such a stay while an appeal is being made. Opponents of LB991 say the bill is so vague it is un constitutional and discriminates against headshops. Fiedler said the bill would encourage "arbitrary and selective enforcement" against Nebraska headshops. Local headshops apparently have a large stake in the outcome of current legal action. Terry Moore, co-owner of Lincoln s Dirt Cheap Enter prises, 227 N. 11th St estimated in an earlier interview that the store takes in a quarter of a million dollars a year in the sale of drug paraphernalia, a figure that is increasing annually. Proponents of the ban-the-bong bill say the sale of paraphernalia only encourages drug use in Nebraska. JAGQUES SOOTT oriel Wines xxugrio PRJGE5 WIHE OF THE WEEK Slow? 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