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FLORIDA BUSINESSMEN, ETC. v. CITY OF HOLLYWOOD

Nos. 80-5769, 80-5813.

673 F.2d 1213 (1982)

FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, Plaintiffs-Appellants, v. The CITY OF HOLLYWOOD, Defendant-Appellee. FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, an incorporated association, High Quality Headquarters, Inc., a Florida Corp., Three Guys Distributors, Inc., a Florida Corp., and Correct Count Co., Inc., a New York Corp., Plaintiffs-Appellants, Cross-Appellees, v. The STATE OF FLORIDA, Jim Smith, as Attorney General of the State of Florida, Kenneth Katsaris, as a representative of the class of Defendants being the sixty-seven duly elected Sheriffs of the State of Florida, and Harry Morrison, etc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied May 27, 1982.

Attorney(s) appearing for the Case

Simon, Schindler & Tripp, Tobias Simon, Sharon B. Jacobs, Miami, Fla., for plaintiffs-appellants.

Nancy A. Cousins, City Atty., Leonard Lubart, Asst. City Atty., Hollywood, Fla., for defendant-appellee.

Richard Hixson, Mitchell D. Franks, Asst. Attys. Gen., Tallahassee, Fla., for Smith & Morrison.

Paul Eakin, Tallahassee, Fla., for Katsaris.

Before THORNBERRY, FAY and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

This consolidated appeal involves a review of the constitutionality of drug paraphernalia laws enacted by the State of Florida and the City of Hollywood to curb the increased incidence of drug abuse. The District Court for the Northern District of Florida upheld the state "head shop" law, but declared unconstitutionally vague and severed a portion of the statute prohibiting mere possession of drug paraphernalia. The District Court for the...

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