Gaffey v. Babb

*619RICHARDSON, P.J.,

Petitioner brought this declaratory judgment action seeking a declaration that a criminal ordinance of the City of Brookings is unconstitutional and to enjoin enforcement of the ordinance. The trial court held that the ordinance was constitutional and petitioner appeals.

Petitioner owns a business establishment, described as a "head shop,” which offers for sale pipes, cigarette rolling papers, books, magazines and posters, among other items. A "head shop” was described as "a place of business that is frequented by persons engaged in the use or sale of nareotics or controlled…