Published November 28, 2011, 07:58 PM



Moorhead City Council approves controversial drug paraphernalia ban



MOORHEAD –The City Council approved a controversial ban on drug paraphernalia Monday with a vote of 5-3.





By: Wendy Reuer, INFORUM



MOORHEAD –The City Council approved a controversial ban on drug paraphernalia Monday with a vote of 5-3.



Council members Greg Lemke, Mark Hintermeyer, Nancy Otto, Brenda Elmer and Dan Hunt voted for the ordinance. Council members Luther Stueland, Diane Wray Williams and Mark Altenburg voted not to pass the ordinance.



The ordinance will make selling, possessing or using items believed to be drug paraphernalia a misdemeanor. Similar bans have been challenged in the courts or dropped entirely before passing by city councils such as in Northfield. The Northfield City Council modeled its ordinance after Moorhead but Nov. 21 dropped the ordinance after it was deemed unenforceable.



The ordinance was tabled after it was first read in July. At the council's Nov. 21 meeting, Lemke was not present to vote and the council agreed to bring the ordinance back before a full meeting at Hintermeyer’s suggestion. Hintermeyer said the Nov. 21 motion to bring the ordinance back was not just a council courtesy, but because otherwise the ordinance could have died and the council would have then had to start completely over on the issue.



Lemke told the council he understood both sides presented Monday night.



However, in his experience as a police officer, the items should be banned.



“I really struggle with people who stand up here with a straight face and say these are used for tobacco,” Lemke said. “Unless you’re a Supreme Court justice, I really don’t care if you think it violates the Constitution.”