Music Plus Four, Inc. v. City of Los Angeles

The City of Los Angeles et al. appeal from an order granting a preliminary injunction restraining enforcement of Los Angeles Municipal Code section 45.19.

The ordinance in question regulates the display to minors of drug paraphernalia for sale. In pertinent part the ordinance makes it unlawful for a person in charge of a business establishment to knowingly allow a minor, not accompanied by a parent or legal guardian, to enter and remain within any room where drug paraphernalia is displayed for sale. Drug paraphernalia is defined as “any device designed primarily for use” for smoking or ingesting certain substances. The ordinance further defines the phrase “designed primarily for” and also specifically includes certain named and described devices.

The trial court’s primary reason for issuing a preliminary injunction was the court’s doubt as to the constitutionality of the ordinance, on grounds of vagueness.

In Music Plus Four, Inc. v. Barnet (1980) 114 Cal.App.3d 113, 125-129 [ 170 Cal.Rptr. 419 ], the court held that an essentially similar ordinance of the City of Westminster was not unconstitutionally vague.

The. City of Los Angeles ordinance in the instant case is…