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CITY OF BATON ROUGE v. KNOX

Nos. 95-KA-2850, 95-KA-3042.

697 So.2d 262 (1997)

CITY OF BATON ROUGE v. Izeal KNOX and Clay Alexander. CITY OF BATON ROUGE v. Gail GAUTREAUX and Gordon Robinson.

Supreme Court of Louisiana.

July 1, 1997.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Carl James Jackson, Baton Rouge, Vicky Jones, for Applicant in No. 95-KA-2850.

Richard P. Ieyoub, Atty. Gen., Veronica Rhenae Jones, Carl James Jackson, Baton Rouge, for Applicant in No. 95-KA-3042.

Leon Dupree Jackson, Baton Rouge, for Respondent in Nos. 95-KA-2850, 95-KA-3042.

CALOGERO, Chief Justice.

In two separate proceedings below, the trial courts declared Baton Rouge Code of Ordinance, Title 13:1019, entitled "Drug Paraphernalia Prohibited", to be preempted by state law under La. R.S. 14:143, a statute which prohibits a political subdivision from enacting an ordinance defining as an offense conduct that is defined and punishable as a felony under state law. One of the trial courts also ruled that the Baton Rouge ordinance was unconstitutional...

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