GARNER v. WHITE

No. 82-1864.

726 F.2d 1274 (1984)

Jack GARNER, d/b/a Discount Records and Peaches Records and Tapes; Cedric Neel and Jane Neel, d/b/a The Dream Merchant; Hannah Dampier, d/b/a The Hot Springy Dingy; Steve Miller, d/b/a The Turquoise Cove; The Record Rack, Inc., Pat Bristol, d/b/a The Funky Candle; Dale Hulsey, d/b/a The Funky Candle No. II; Joe Frawley, d/b/a Armadillia's Hand; Jerry Hearn; Carroll Dee Bland; Adams Apple Distribution Co., and Music City Incense, Inc., Appellants, v. Frank WHITE, In His Official Capacity As Governor of the State of Arkansas; Steve Clark, In His Official Capacity As Attorney General of the State of Arkansas; Wilbur C. "Dub" Bentley, In His Official Capacity As Prosecuting Attorney, Sixth Judicial District; Kim Smith, In His Official Capacity As Prosecuting Attorney, Fourth Judicial District; Walter Wright, In His Official Capacity As Prosecuting Attorney, Eleventh Judicial District; Ron Fields, In His Capacity As Prosecuting Attorney, Twelfth Judicial District, All In The State of Arkansas, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1984.


Attorney(s) appearing for the Case

R. David Lewis, argued, A. Wayne Davis, Little Rock, Ark., for appellants.

Steve Clark, Atty. Gen., Mary B. Stallcup, Asst. Atty. Gen., Little Rock, Ark., for appellees.

Before McMILLIAN and JOHN R. GIBSON, Circuit Judges, and WANGELIN, District Judge.


JOHN R. GIBSON, Circuit Judge.

The issue before us is the constitutionality of two Arkansas drug paraphernalia statutes.

In February, 1981, Arkansas enacted Act 78 which criminalized the possession, use, sale and manufacture of drug paraphernalia. Ark.Stat.Ann. §§ 82-2601(y), 2619(c), 2629(i) (1981). Retailers selling smoking devices and other objects potentially embraced by Act 78 brought a pre-enforcement facial challenge principally alleging that...

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