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.
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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.
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