Legal Opinion
Franza v. Carey
District Court, S.D. New York
Decided July 17, 1981No. 80 Civ. 4311 (JMC)PublishedCited by 18 opinions
1Opinion of the Court
OPINION
CANNELLA, District Judge:
After consolidating a hearing on plaintiffs’ motion for a preliminary injunction with a trial on the merits of the complaint, the Court finds for plaintiffs. New York State’s drug paraphernalia law, Article 39 of the General Business Law §§ 850-853 (McKinney Supp. 1980-1981) [the “Statute” or “Article 39”], is hereby declared to be impermissibly vague and its enforcement is permanently enjoined.
FACTS
This action presents the latest judicial challenge to the constitutionality of legislation adapted from the Drug Enforcement Administration’s [“DEA”] Model State…
2Cases cited60 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
55 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. Sun Na LeeHawaii Supreme Court · 1993
- O'BRADOVICH v. Village of TuckahoeDistrict Court, S.D. New York · 2004
- Vance Murphy, D/B/A the Store v. The Honorable Scott Matheson, Individually and as Governor of the State of UtahCourt of Appeals for the Tenth Circuit · 1984
- United States v. Main Street Distributing Inc.District Court, E.D. New York · 1988
- Kansas Retail Trade Cooperative v. StephanDistrict Court, D. Kansas · 1981
13 more not listed; retrieve them via the Exa API.