Duluth, MN (NNCNOW.com) - Duluth head shop owner Jim Carlson has filed a complaint in federal court seeking to stop a new city ordinance from taking effect.
The ordinance, which takes effect on Thursday, requires shops selling synthetic drugs to purchase a license from the city.
Carlson is facing a multiple count federal indictment alleging the incense products he sells at the Last Place on Earth are actually "misbranded" synthetic drugs, which are illegal to sell.
In his complaint filed Tuesday in US District Court, Carlson asks that the new city ordinance be declared unconstitutional.
He argues obtaining a license would compel him to commit an act of "self-incrimination," on the federal charges essentially waving his rights under the Fifth Amendment.
Carlson maintains he is doing nothing illegal.
"When you've got a city licensing me to sell a product, everything I hear out there is that it's legal. I just don't understand how they can bother me so much."
In his complaint Jim Carlson is asking the court to issue a preliminary and permanent injunction against the new ordinance.
Until a hearing can be held on his request Carlson is seeking a temporary restraining order preventing the city from taking legal or administrative action to enforce its new ordinance.