City of Baton Rouge v. Knox

| iCALOGERO, Chief Justice.

In two separate proceedings below, the trial courts declared Baton Rouge Code of Ordinance, Title 13:1019, entitled “Drug Paraphernalia Prohibited”, to be preempted by state law under La. R.S. 14:143, a statute which prohibits a political subdivision from enacting an ordinance defining as an offense conduct that is defined and punishable as a felony under state law. One of the trial courts also ruled that the Baton Rouge ordinance was unconstitutional. Because we agree that the city ordinance violates La. R.S. 14:143 in that it defines and punishes as a misdemeanor…