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HIGH GEAR AND TOKE SHOP v. BEACOM

Nos. 82SA525, 83SA287.

689 P.2d 624 (1984)

HIGH GEAR AND TOKE SHOP; Shadowfax, Inc., a Colorado corporation d/b/a Krackers Tapes & Records # 24; Wayne L. Stansbury d/b/a Budget Tapes and Records # 17, Plaintiffs-Appellants, v. Paul Q. BEACOM in his official capacity as District Attorney for the County of Adams; Bert Johnson in his official capacity as Sheriff for the County of Adams; Kenneth Huck in his official capacity as Chief of Police for the City of Westminster, Defendants-Appellees. Deborah MARKS, and Thomas A. Marks, d/b/a Independent Records # 3; Independent Records of Cinderella City, Inc., a Colorado corporation d/b/a Independent Records # 1; James Brothers, Inc., a Colorado Corporation d/b/a Krackers Tapes & Records # 1 and Krackers Tapes and Records # 2; L.E.L., Inc., a Colorado corporation d/b/a Mom's Place, Plaintiffs-Appellants, v. Nolan L. BROWN in his official capacity as District Attorney for the County of Jefferson; Harold Bray in his official capacity as Sheriff for the County of Jefferson, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 22, 1984.

Attorney(s) appearing for the Case

Arthur M. Schwartz, P.C., Arthur M. Schwartz, Kay J. Rice, Bradley J. Reich, Denver, for plaintiffs-appellants.

Paul Q. Beacom, Dist. Atty., Steven L. Bernard, Chief Trial Deputy Dist. Atty., Brighton, for defendants-appellees.

ROVIRA, Justice.

The appellants challenge the constitutionality of the "Control of Drug Paraphernalia" Act (the Act), section 12-22-501 to 506, 5 C.R.S. (1983 Supp.). They present two grounds for invalidating the Act as unconstitutional: (1) it violates the due process clause of the United States Constitution and the Colorado Constitution due to overbreadth and vagueness; and (2) it violates their rights to a public trial and a jury trial in violation of the sixth...

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