Licorice Pizza Records & Tapes, Inc. v. County of Los Angeles

The County of Los Angeles appeals from an order granting a preliminary injunction restraining the enforcement of Los Angeles County Ordinance No. 12146.

The ordinance in question regulates the display to minors of drug paraphernalia for sale. The ordinance prohibits a drug paraphernalia store permitting a minor, unaccompanied by a parent or guardian, to be in any area of the store where the minor may view drug paraphernalia, or selling paraphernalia to a minor. The ordinance describes drug paraphernalia, when displayed, grouped, advertised or promoted for sale, to include “[a]ny item, whether useful for non-drug related purposes or not, which is displayed, grouped with other items, advertised or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance” and “[a]ny item, whether useful for non-drug related purposes or not, which is designed, decorated, or adorned in a manner to reasonably suggest its usefulness” in the above manner.

The trial court granted the injunction primarily on the ground that the ordinance…