Myers v. Municipality of Anchorage

Relying primarily on a reason that has never been litigated by the parties, or addressed by the trial court, the Court today holds that the Municipality’s drug paraphernalia ordinances are unconstitutional because they are vague.

But a properly enacted law is presumed to be constitutional, and courts should “construe enactments to avoid a finding of unconstitutionality to the extent possible.”1 In addition, the party claiming that an enactment is unconstitutional has the burden of rebutting the presumption of constitutionality.2 In this case, Myers owned a “head shop” and was charged with and…