Baker

The City of Glendale appeals from a judgment declaring that Glendale Ordinance No. 4439 is unconstitutional and permanently enjoining its enforcement.

The ordinance in question regulates the display to minors of drug paraphernalia for sale. In pertinent part it states: “No owner, manager, proprietor, or other person in charge of any room in any place of business selling or displaying for the purpose of sale any device, contrivance, instrument or paraphernalia designed principally or which may be used for smoking or injecting or consuming marijuana, hashish, PCP or any controlled substance as defined in the Health and Safety Code of the State of California (other than prescription drugs and devices to ingest or inject prescription drugs) including but not limited to roach clips, and cigarette papers and rollers designed or commonly used for smoking of the foregoing, shall allow or permit any person under the age of eighteen (18) years to be in, remain in, enter or visit such room unless such minor person is accompanied by one of his parents or his legal guardian.” (Art. IV, § 11-80.)

The trial court held the ordinance unenforceable in its entirety upon the ground that it…